1601 Progressive Discipline

This policy applies to all DHS classified and unclassified employees. Procedures for Adverse Actions must be followed with “Classified Employees.” (See definitions of “Classified Employees” and “Unclassified Employee” below.) The procedures for Adverse Actions may be applied with “Unclassified Employees” but nothing in this policy alters the at-will status of such employees. All employees in unclassified positions serve at the will and pleasure of the appointing authority.

All employees should understand the importance of their work and how the community and organization value it. All employees are expected to follow established standards of performance and conduct.

Supervisors have a responsibility to inform employees about their job expectations and any relevant information (i.e., rules, policies, standards, etc.) that will assist employees in carrying out job duties. Employees have a responsibility to satisfactorily perform job duties and be familiar with the rules, policies, and standards of the workplace. At a minimum, employees should receive an initial orientation and review of assignments at frequent intervals. It is especially important that changes in duties or standards be communicated to employees as soon as practicable.

Supervisors are responsible for achieving the highest performance possible from employees under their supervision. Therefore, supervisors should lead by example and address unacceptable performance, workplace conduct, or conditions of employment by their employees. Subject to the provisions in this policy, supervisors are expected to choose the best available method to address unacceptable performance or workplace conduct considering the overall circumstances. With these responsibilities, supervisors are accountable for implementing disciplinary action, where appropriate, that is fair, prompt, legally sufficient and that is applied uniformly and without malice, harassment, intimidation, bias, or favoritism.

All rules, policies and standards should be consistently enforced. Consistency in enforcement does not mean that the penalty for violation must be precisely the same in every instance. The penalty may vary based on the severity of the offense, presence or absence of intent, the previous work record of the employee, or other relevant factors.

Supervisors and employees should be aware that it is not necessary or required that every step in the progressive disciplinary process (i.e., corrective action, written reprimand, adverse action) is implemented in every situation. Over a period, it may be appropriate to use several approaches, including disciplinary action, to address an employee’s performance or conduct. Some situations, on the other hand, may require immediate dismissal. The basic guideline in each situation should always be to use the form of discipline that is most appropriate for the inappropriate conduct or performance deficiency.

Discipline should not be imposed with the purpose of punishing the employee. The purpose of each action, except for dismissal, should be to effectively correct the inappropriate conduct or performance deficiency.

“Adverse Actions” are disciplinary actions that result in suspension without pay, reduction in salary, demotion, or dismissal of an employee. This term does not include actions resulting from reduction in force, insufficient funds, decrease in funds, or change in departmental needs.

“Designee” is a person who is authorized by law or delegated authority to make employment decisions.

“Classified Employee” means an employee with procedural appeal rights set forth in O.C.G.A. §§ 45-20-8 and 45-20-9 who was in a classified position on June 30,1996 and who has remained in a classified position without a break in service since that date.

“Unclassified Employee” means officers and employees excluded from the classified service by law, including employees in all positions filled on or after July 1,1996.

Under progressive discipline, performance deficiencies and workplace conduct should always be addressed as soon as recognized by the appropriate authority, and with increasing severity for repeated offenses. While progressive discipline is the preferred method of correction, situations may warrant disciplinary action up to and including dismissal for a first offense, depending on the facts and circumstances. Employees serve “at will” and this policy neither confers any change in that status nor creates any entitlement to a job.

The corrective or disciplinary action imposed for each occurrence of an infraction should be the least severe action that is likely to correct the problem. A range of corrective or disciplinary action is set forth in DHS Policy # A1: Progressive Discipline Guidelines. DHS supervisors will consider the following factors:

When a violation of a DHS policy or standard occurs, supervisors, and managers should:

Take appropriate action promptly, observing the correct procedural requirements.

DHS Policy #1601 A1:Progressive Discipline Guidelines Progressive Discipline Guidelines should be reviewed by supervisors and managers in determining appropriate disciplinary actions.

Supervisors are encouraged to take action that enables the employee to correct his or her deficiencies and contribute to the success of the organization. In addition, or prior to taking disciplinary action, corrective measures (e.g., coaching, counseling, verbal warnings) may be effective to correct attendance issues, inappropriate conduct, or work deficiencies. Some examples of corrective measures include the following:

A Written Reprimand and/or Written Reprimand Final Warning are formal documents which must be placed in the official personnel file maintained by the Office of Human Resources (OHR). The written reprimand and/or written reprimand final warning will be forwarded to the applicable Division/Office leaders for review, then shared with the OHR Deputy Commissioner or designee before issuance to the employee. After issuance, the written reprimand and/or written reprimand final warning should be forwarded to OHRPersonnelRecords@dhs.ga.gov for placement in the employee’s personnel file.

A Written Reprimand and/or Written Reprimand Final Warning should contain the following information:

The employee will be issued a Written Reprimand and/or Written Reprimand Final Warning, and he/she should acknowledge having read and discussed the document by signing their name. If the employee fails to sign the document, the supervisor must make a notation on the reprimand that the employee refused to sign and indicate the date the reprimand was presented to the employee for signature. A copy of the reprimand must be given to the employee. A copy of the email confirmation sent to the employee and the disciplinary action should be forwarded to OHRPersonnelRecords@dhs.ga.gov for placement in the employee’s personnel file.

A Written Reprimand and/or Written Reprimand Final Warning is eligible for review under DHS Policy #1504: Reprimand Review Process.

Supervisors should always consult with their assigned HR Representative regarding the appropriateness of the action as well as the content of the reprimand before issuing a Written Reprimand and/or Written Reprimand Final Warning to the employee.

Denial of Performance-Based Salary Increases – An employee who receives the most recent overall Performance Management Form (PMF) raw score below 3.0 or receives a disciplinary action of Written Reprimand or above within in the past twelve (12) months will not receive a performance-based salary increase. The employee will be placed on an Attendance Plan or Work Plan, as appropriate.

Denial of Career Path Promotions/Demotions and Awards – An employee who receives the most recent overall Performance Management Form (PMF) raw score below 3.0 or receives a disciplinary action of Written Reprimand or above within the past twelve (12) months may be deemed ineligible for a promotion, lateral transfer or demotion to a different job class. If a "Not Rated" is issued, an employee will be assigned a presumptive rating of "3" Successful Performer.

Unauthorized Leave Without Pay – An employee who is absent without documentation to support their need for leave and approval of the supervisor may be placed on unauthorized leave without pay for the period of absence, up to a maximum of fifteen (15) calendar days. This unauthorized leave without pay may be used as a basis for disciplinary action. The use of annual leave or personal leave is a privilege that may be used only upon approval.

Suspension Without Pay – is a formal action that must be properly documented in the employee’s official personnel file maintained by OHR. The request for Suspension Without Pay will be forwarded to the applicable Division/Office leaders for review then routed to the OHR Deputy Commissioner or designee for review and approval. After approval, the Suspension Without Pay documentation must be forwarded to OHRPersonnelRecords@dhs.ga.gov for placement in the employee’s personnel file.

Dismissal – is a formal action that terminates an employee for reasons directly related to inappropriate conduct and/or performance and must be properly documented in the employee’s official personnel file maintained by OHR. The Dismissal will be forwarded to the applicable Division/Office leaders for review and signature then routed to the OHR Deputy Commissioner or designee for review and approval. After approval, the Dismissal documentation must be forwarded to OHRPersonnelRecords@dhs.ga.gov for placement in the employee’s personnel file.