5 CFR §9701.408
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Subject to budgetary and other organizational constraints, a supervisor must—
- (b)If during the appraisal period a supervisor determines that an employee's performance is unacceptable, the supervisor must—
- (1)Consider the range of options available to address the performance deficiency, which include but are not limited to remedial training, an improvement period, a reassignment, an oral warning, a letter of counseling, a written reprimand, and/or an adverse action (as defined in subpart F of this part); and
- (2)Take appropriate action to address the deficiency, taking into account the circumstances, including the nature and gravity of the unacceptable performance and its consequences.
- (c)As specified in subpart G of this part, employees may appeal adverse actions based on unacceptable performance.