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Table of Offenses and Penalties TABLE OF OFFENSES AND PENALTIES Nature of Offense Penalty for Penalty for Penalty Remarks (General Misconduct) First Offense Second for Offense Third Offense 1. Attendance-related offenses. Refer to EEOC Order 550.007 a. Absence without leave Leave Policies (AWOL). This includes tardiness and Procedures and unauthorized delay in for leave returning from lunch and break Written 5- to 30-day 30-day requirements and periods, or in returning after Reprimand to 5- suspension suspension guidance. leaving work station on official day suspension to removal Penalty depends business; unauthorized departure primarily on or absence from duty station. length and frequency of b. Failure to follow established unacceptable leave procedures; failure to Written 5- to 30-day 30-day absences. provide administratively Reprimand to 5- suspension suspension Removal may be acceptable documentation to day suspension to removal appropriate for a support absence(s). first or second offense if the c. Excessive unauthorized 5-day suspension 14-day Removal absence is absences (e.g., more than 5 to removal suspension to prolonged, the consecutive workdays). removal failure to adhere to leave d. Failure to report for duty as Removal procedures is detailed, transferred, or flagrant, or the reassigned. circumstances are otherwise particularly burdensome. 2. Improper or unauthorized Refer to 5 USC release of sensitive and 552a and 43 CFR administratively-controlled 2.52 for Privacy information or employee records; Act provisions failure to safeguard classified regarding the material. misuse of Written 5- to 30-day 30-day personal a. Information is not Reprimand to 5- suspension suspension information; also compromised and release is day suspension to removal refer to 18 USC unintentional. 798 and 18 USC 1905. Written 30-day Removal b. Information is compromised Reprimand to 30- suspension to and release is unintentional. day suspension removal c. Release of restricted 30-day Removal information is deliberate. suspension to removal 3. Offenses related to substance abuse. a. Alcohol-related Actions involving (1) Reporting to or being on duty Written 5- to 30-day 30-day these offenses while “under the influence” of Reprimand to 5- suspension suspension must assure that alcohol. day suspension to removal counseling or rehabilitative assistance is (2) Unauthorized use and/or Written 30-day Removal offered; however, possession of alcoholic beverages Reprimand to 30- suspension referral to an while on Government premises day to removal employee (or vehicle). suspension assistance program (EAP) does not preclude (3) Operating a Government 30-day Removal the initiation of vehicle/aircraft while “under the suspension corrective action. influence” of alcohol. to removal b. Drug-related (1) Administratively confirmed Written Removal Removal positive finding under the testing Reprimand to When there is portion of the Drug-Free removal possession of Workplace Program. illegal drugs - call law enforcement (2) Unlawful use, being under the Written 30-day Removal and notify Office influence or unauthorized Reprimand to suspension of the Chief possession of drugs, drug removal to removal Human Capital paraphernalia or controlled Officer Labor & substance while on Government Employee premises or in a duty status. Relations Division as well as Safety, (3) Sale or transfer of an illegal Removal Security & drug or controlled substance Emergency while on Government premises Preparedness (or vehicle). office. 14-day 30-day (4) Refusal or failure to provide a suspension to suspension to required specimen for drug- removal removal testing; tampering with a drug-test When the specimen; refusal to obtain substance is counseling or rehabilitation (after prescribed by an finding of illegal drug use). appropriate medical authority and used accordingly, it would not be an offense. 4. Discourteous conduct (e.g., Written 5- to 30-day 30-day 5 USC 7503(a) rude, insolent, disgraceful acts or Reprimand to 5- suspension suspension permits remarks) toward supervisors, co- day suspension to removal suspension of 14 workers, or the public. days or less of any employee with four documented instances of discourteous conduct toward the public within a one-year period as confirmed by an immediate supervisor, or any other pattern of discourteous conduct. 5. a. Boisterous or Written 5- to 30-day 30-day disruptive/disorderly conduct; use Reprimand to 5- suspension suspension of insulting, intimidating, abusive day suspension to removal or offensive language to or about another employee or supervisor. b. Negligence, including the Letter of 5 – day careless failure to comply with reprimand to 14 – suspension to rules, regulations, written day suspension removal procedures, or proper supervisory instructions. c. Deliberate or malicious refusal Letter of 14 – day to comply with rules, regulations, reprimand to suspension to removal removal written procedures, or proper supervisory instructions. 6. Deliberately making known Written 14-day 30-day Refer to 5 USC false, malicious, or unfounded Reprimand to suspension suspension 2302(b)(8) and statements against co-workers, removal to removal to removal (9), prohibiting supervisors, subordinates, or actions against Government officials which could employees for undermine the authority or engaging in damage the reputation of those protected concerned. activities. 7. Threatening statements or 14-day Removal Charge involving behavior (of a physical nature). suspension “threat” must to removal consider the listener's reactions, the listener's apprehension of harm, the speaker's intent, any conditional nature of the statements, and the attendant circumstances – refer to Metz v. Dept. of Treasury, 780 F.2d 1001 (Fed. Cir. 1986). 8. Fighting and offenses related to Penalty depends fighting. on such factors as provocation, a. Engaging in potentially Written 14-day 30-day extent of injuries, dangerous “horseplay.” Reprimand to 14- suspension suspension and whether day suspension to removal to removal actions were defensive or b. Fighting, attempting to Written Removal Removal offensive in inflict or inflicting bodily harm Reprimand to nature. while on Government premises removal and/or when in a duty status. 9. Misconduct of a sexual nature Written 14- day Removal More severe that includes, but is not limited to, Reprimand to suspension to discipline is unwelcome sexual remarks, removal removal appropriate for indecent comments/jokes, egregious offensive sexual banter, unwanted misconduct. sexual advances, or unwelcome physical touching. Refer to 29 CFR 1604 on EEOC Zero tolerance policy. 10. Failure to provide equal Written 14-day Removal Refer to 5 CFR opportunity regardless of race, Reprimand to suspension to 2635.101(13). color, religion, gender, national removal removal origin, age, marital status, political affiliation, sexual orientation or handicapping condition. 11. a. Unauthorized possession/sale Written 14-day 30-day (actual or attempted) of Reprimand to suspension to suspension Government property or property removal removal to removal of others; improper acceptance of Government funds/reimbursement. Letter of Removal b. Submission of (or causing or reprimand to allowing the submission of) removal, if for falsely stated time logs, leave administrative forms, travel or purchase convenience or to vouchers, payroll, loan, or other avoid following fiscal documents. required procedures. Letter of Removal reprimand to c. Failure to properly account for removal or make proper distribution of any property, Government or other funds, or any other thing of value coming into an employee’s custody as a result of Letter of Removal employment. reprimand to removal d. Concealment of (or failing to report) missing, lost, or misappropriated funds, or other fiscal irregularities. 12. Loss, misuse of, damage to or Written 14- to 30-day 30-day Refer to 5 CFR failure to safeguard Government Reprimand to 14- suspension suspension 2635.101(9). property, records, or information day suspension to removal (e.g., willful or negligent damage to Government resources; carelessness in performance of duty resulting in waste of public funds). 13. Willful use of (or authorizing 30 –day Removal 31 USC 1349 (b) the use of) any Government- suspension to mandates a owned or Government – leased removal. minimum penalty passenger vehicles for other than of a one month official purposes. suspension for unofficial use of Government passenger carrying vehicles. 14. Failure to comply with safety Written 14- to 30-day 30-day regulations, instructions or Reprimand to 14- suspension suspension prescribed safe practices; failure day suspension to removal to use proper safety equipment; failure to report accident or injury. 15. Sleeping or loafing while on Written 5- to 14-day 14-day Seriousness of duty; inattention to duty; willful Reprimand to 5- suspension suspension offense is greater idleness while on duty. day suspension to removal if persons/property endangered. 16. Failure or delay in carrying Written 14- to 30-day 30-day out instructions; failure or Reprimand to 14- suspension suspension carelessness in performing day suspension to removal assigned work; failure to take/complete officially-directed training. 17. Insubordination; disregard of 5-day suspension 30-day Removal directive; refusal to to removal suspension comply with a proper order. to removal 18. Written 30-day Removal Falsification/misrepresentation of Reprimand to suspension official Government records or removal to removal documents
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