Suspension

Suspension for less than 14 Days

Suspension for More Than 14 Days

A suspension is an action which places an employee for disciplinary reasons in a temporary status without duties and pay. A suspension, regardless of duration, is a significant action and considered a severe disciplinary action. Ordinarily, it is a final step in the progressive disciplinary process before removal action and is accompanied by a warning to the employee that a further violation of rules could result in removal.

A suspension prevents an employee from performing work and denies salary for the suspension period. Therefore, a suspension may not be imposed for indebtedness or for performance-related factors in non-disciplinary situations.

The period of suspension is normally expressed in calendar days and seldom exceeds 30 days. Employee's adverse action protections differ between a suspension for 14 calendar days or less and a suspension for more than 14 calendar days.

A proposed suspension may be lessened or mitigated by the deciding official to a suspension of a lesser number of days or to a lesser penalty, such as a reprimand or oral and written admonishments after taking into consideration employee's answer, the totality of the evidence, the potential for employee's rehabilitation, and other factors. The decision letter would reference the original disciplinary action proposed and then indicate the action has been mitigated to a lesser penalty.

Suspension for less than 14 Days

An employee against whom a suspension for 14 days or less is proposed is entitled to:

An advance written notice stating the specific reason(s) for the proposed action;

A reasonable time (not less than 24 hours) to answer orally or in writing or both and to furnish affidavits and other documentary evidence in support of the reply.

Representation by an attorney or other representative.

A written decision and the specific reason(s) for the decision as soon as practical after the reply has been fully considered, or after the expiration of the time allowed for reply if no reply has been made.

Suspension for More Than 14 Days

An employee against whom a suspension for more than 14 days is proposed is entitled to:

At least 30 days advance written notice;

A reasonable time, but not less than 7 days, to answer orally or in writing or both and to furnish affidavits and other documentary evidence in support of the reply;

Representation by an attorney or other personal representative;

A reasonable amount of official time to review the material relied on to support the proposed action, to prepare an answer, and to secure affidavits, if the employee requests time and is otherwise in an active duty status. However, if the employee is covered by a negotiated agreement (union contract), the provisions of that agreement must be followed.

A written decision and the specific reason(s) for the decision as soon as practical after the reply has been considered, or after the expiration of the time allowed for reply if no reply has been made.