If at any time during the performance cycle an employee's performance reaches Level 1 (unacceptable) in one or more critical elements, the rating official must document the specific performance deficiencies on the performance plan and afford the employee an opportunity to demonstrate acceptable performance. The rating official must place the employee on a Performance Improvement Plan (PIP) as soon as possible in coordination with the SHRO, and consistent with 5 U.S.C. Chapter 43. The PIP opportunity period generally should not exceed 30 calendar days.  A PIP may be initiated at any time the employee’s performance falls to a level 1 in a critical element. If the employee fails to improve during the opportunity period—or improves but declines again in the same critical element(s) within one year—the supervisor must work with the SHRO to take appropriate administrative action, including a proposing the employee’s reduction in grade or removal. 

Rating officials may also, in consultation with the SHRO, take action under 5 U.S.C. Chapter 75 to address unacceptable performance or misconduct. A PIP is not required under Chapter 75; however, the Agency must establish by a preponderance of the evidence that the performance is unacceptable and the assessment is reasonable. Chapter 75 may also be used to address misconduct, including AWOL, failure to follow instructions, insubordination, or similar conduct.

Probationary Periods 

Probationary periods (in the competitive service) and trial periods (in the excepted service) serve as a longstanding tool to identify and address deficient performance before an appointment to Federal service is finalized. Supervisors must use these probationary and trial periods  to evaluate whether an employee’s performance meets the standards required for continued employment and whether their service advances the public interest. Supervisors are required to affirmatively certify that a probationer’s performance demonstrates fitness for Federal service and that their appointment will advance the public interest before finalizing it. Accordingly, the Department retains broad discretion to terminate employees during probationary or trial periods when performance is deficient or fails to support the organization’s mission. 

Updated: June 30, 2026