A removal action is an involuntary separation of an employee from Federal service based on a serious infraction committed by the employee. It is the most severe of the adverse actions taken for misconduct. Normally, a progressive (less severe to more severe) disciplinary action is taken an effort to rehabilitate an employee; however, a supervisor may take a removal action rather than pursuing a progressive disciplinary action when the misconduct is serious or the violation of rules and regulations are flagrant.
An employee is entitled to the following procedure requirements before a removal action can be taken.
- At least 30 days advance written notice, also known as the proposal 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 answer;
- Representation by an attorney or other 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. NOTE: 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 at the earliest practicable date.
- Appropriate grievance and appeal rights.
A removal action is documented by filing the Standard Form 50, Notification of Personnel Action, permanently in the employee's electronic Official Personnel Folder (eOPF). Supervisors should contact their servicing CPAC for additional guidance before initiating a removal action.