D.C. Mun. Regs. tit. 6, r. 6-B1410

Current through Register Vol. 71, No. 36, September 6, 2024
Rule 6-B1410 - PERFORMANCE IMPROVEMENT PLAN
1410.1

This section shall not apply to probationary employees in the Career Service.

1410.2

A Performance Improvement Plan (PIP) is designed to facilitate constructive discussion between an employee and his or her immediate supervisor to clarify areas of work performance that must be improved. Once the areas for improvement have been identified, the PIP provides the employee the opportunity to demonstrate improvement in those areas and his or her ability to meet the specified performance expectations.

1410.3

A PIP issued to an employee shall last for a period of thirty (30) to ninety (90) days and must:

(a) Identify the specific performance areas that require improvement; and
(b) Provide concrete, measurable action steps the employee can take to improve in those areas.
1410.4

An employee's immediate supervisor or, in the absence of the employee's immediate supervisor, the reviewer, as the term is defined in Section 1499, shall complete a PIP when the employee's performance has been observed by the immediate supervisor as requiring improvement.

1410.5

Within ten (10) business days after the end of the PIP period, the employee's immediate supervisor or, in the absence of the employee's immediate supervisor, the reviewer, shall issue a written decision to the employee as to whether the employee has met or failed to meet the requirements of the PIP.

1410.6

If the employee fails to meet the requirements of the PIP, the written decision shall state the reason(s) the employee was unsuccessful in meeting those requirements and:

(a) Extend the PIP for an additional period, in accordance with Subsection 1410.8; or
(b) Reassign, reduce in grade, or remove the employee.
1410.7

The written decision may serve as a notice of proposed reassignment, reduction in grade, or removal and be provided to the employee when the decision complies with the provisions of Chapter 16. Alternatively, the agency may issue a written decision and subsequently issue a separate notice of proposed reassignment, reduction in grade or removal.

1410.8

If a PIP is extended pursuant to Subsection 1410.6(a), the additional period shall begin on the date provided in the written decision. However, no employee shall be subject to a PIP for more than ninety (90) days inclusive of any extension(s). For the purposes of this subsection, the ninety (90)-day time limit excludes:

(a) The time between the end of a PIP period and the issuance of a written decision to extend that PIP; and
(b) The time period between the issuance of a written decision and the start of an extension of a PIP.
1410.9

Within ten (10) business days after the end of any additional period of time provided to further observe the employee's performance, the employee's immediate supervisor or, in the absence of that individual, the reviewer, shall issue a written decision to the employee as to whether the employee has met the requirements of the PIP.

1410.10

If the employee fails to meet the requirements of the PIP after the additional period of time provided, the written decision shall reassign, reduce in grade, or remove the employee.

1410.11

Whenever an immediate supervisor or, in the absence of the immediate supervisor, a reviewer, fails to issue a written decision within the specified time period as provided in Subsections 1410.5 or 1410.9, the employee shall be deemed to have met the requirements of the PIP.

1410.12

Whenever an employee fails to meet the requirements of a PIP and it results in are assignment, reduction in grade, or termination action as specified in Subsectionsl410.6(b)or 1410.10, the action taken against a Career Service employee or an Educational Service employee in the Office of the State Superintendent of Education shall comply with Chapter 16.

1410.13

Any reduction in grade or termination action as specified in Subsection 1410.6(b) taken against a Legal Service employee who is not "at-will" shall be taken pursuant to Chapter 36.

1410.14

The Chief of Police may elect not to use a Performance Improvement Plan for officials above the rank of Captain.

D.C. Mun. Regs. tit. 6, r. 6-B1410

Final Rulemaking published at 47 DCR 5560 (July 7, 2000) (as section 1411); as amended by Final Rulemaking published at 48 DCR 301 (January 12, 2001) (as section 1411); as amended by Final Rulemaking published at 49 DCR 1862 (March 1, 2002) (as section 1411); as amended by Final Rulemaking published at 50 DCR 2851 (April 11, 2003) (as section 1414); as amended by Final Rulemaking published at 52 DCR 1302 (February 11, 2005) (as section 1414); as amended by Final Rulemaking published at 56 DCR 6164 (August 7, 2009), as corrected by Errata Notice published at 56 DCR 6993 (August 28, 2009); amended by Final Rulemaking published at 66 DCR 5866 (5/10/2019)
Authority: Director, D.C. Department of Human Resources, with the concurrence of the City Administrator, pursuant to Mayor's Order 2008-92, dated June 26, 2008, and in accordance with sections 1351 through 1353 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979, (D.C. Law 2-139; D.C. Official Code § 1-613.51 et seq.) (2006 Repl.)