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U.Va. Human Resources
Employee Standards of Conduct: Glossary
Corrective action
Any intervening informal or formal counseling action taken by management to address employment problems, such as unacceptable performance, behavior, or misconduct.
Counseling
Counseling may be an informal or formal intervention that consists of a discussion between an employee and his or her supervisor regarding problems with the employee's work performance, behavior, and/or conduct. Formal counseling discussions must be documented in a written memorandum. Counseling that is related to work performance may be included in an interim performance evaluation as described in Policy 1.40, Performance Planning and Evaluation.
Criminal Charge
An arrest or indictment by authorities or entities outside of the employer agency against an employee for the commission of a criminal offense.
Criminal Offense
Criminal Offenses include felonies and misdemeanors as defined in the statutes of the United States, the Commonwealth of Virginia, other sovereign states, and other city and county governments. Criminal offenses shall not include traffic or other charges that are specifically differentiated and exempted from statutory criminal offenses; however, DUI or other formal charges which impact an employee's ability to drive a vehicle or could result in incarceration if convicted shall be considered criminal charges.
Interim evaluation
A performance evaluation completed during the performance cycle to document and assess an employee’s progress toward achieving the performance plan. If agencies desire to use a form for this purpose, they may use the form provided with Policy 1.40, Performance Planning and Evaluation, or develop their own forms. Interim Performance Evaluations are not considered “official” documents and are retained in the supervisor’s confidential file for use in constructing the annual performance evaluation. Counseling, particularly when related to work performance, may be part of an interim evaluation.
Disciplinary action
A formal action taken in response to unacceptable performance or misconduct. Disciplinary actions include the issuance of Written Notices; suspensions; demotions; transfers; disciplinary salary actions; and terminations.
Disciplinary Demotion
Management initiated assignment of an employee to the same or a different position in the same or lower Pay Band with less job responsibilities that must result in a minimum of a 5% reduction in base salary. In no case may an employee’s salary exceed the maximum of the pay band following a disciplinary salary action.
Disciplinary Review
A process that involves reviewing the facts and circumstances surrounding misconduct or unacceptable performance in order to determine if disciplinary action is warranted.
Disciplinary Salary Action
Employees may be retained in their current positions and have their duties reduced, be demoted, or transferred to positions in the same or lower pay band with less job responsibilities in lieu of termination. The employee’s salary in each case must be reduced by at least 5%. In no case may an employee’s salary exceed the maximum of the pay band following a disciplinary salary action. (Agencies have the authority to transfer employees to equivalent positions as part of the disciplinary process without a reduction in salary.)
Due Process
Prior to any pre-disciplinary or disciplinary actions employees must be given oral or written notification of an offense, an explanation of the agency's evidence in support of the charge, and a reasonable opportunity to respond. Agencies must provide a clear and descriptive explanation of the offense in a manner that ensures that the employee understands the facts presented and will be able to present mitigating factors or denial of the charge.
Pre-disciplinary Leave
Pre-disciplinary Leave is leave with pay to be used when disciplinary action is being considered and the employee’s removal from the workplace is necessary or prudent because: their continued presence may be harmful to the employee, other employees, clients, and/or patients; makes it impossible for the agency to conduct business; may hamper an internal agency investigation into their alleged misconduct; may hamper an investigation being conducted by law enforcement; or may constitute negligence in regard to the agency's duties to the public and/or other employees.
Progressive Discipline
A system of increasingly significant measures that are utilized to provide feedback to employees so that they can correct conduct or performance problems. It is most successful when provided in a way that helps an employee become a fully contributing member of the organization. Progressive discipline also enables agencies to fairly, and with reliable documentation, terminate an employee who is unable or unwilling to improve his/her workplace conduct and/or job performance.
Reasonable Opportunity to Respond
Employees must be given a reasonable opportunity to respond after receiving notification of pre-disciplinary or disciplinary action. Normally, a twenty-four hour period is sufficient, however a “reasonable opportunity to respond” should not be based solely on the quantity of time provided but also on the nature of the offense, which may or may not require time to refute or mitigate the charge.
Standards of Conduct
Positive expectations for work performance, conduct, and behavior.
Suspension
An employee's absence from work, without pay, that an agency imposes as a part of a disciplinary action.
Unacceptable Conduct/Misconduct
Employee conduct or behavior that is inconsistent with state or agency standards for which specific corrective or disciplinary action is warranted.
Workday
For purposes of suspensions without pay, workday is defined as 8 hours for non-exempt employees. For exempt employees a workday is comprised of the hours scheduled to work on a normal day.
Workweek
A fixed period of seven consecutive 24-hour periods which is established by the employer for each employee. It may begin on any day of the week and at any hour of the day; it need not coincide with the calendar week. Full-time employees normally work a five-day, 40-hour schedule during a workweek.