Federal Employee Relations Course (Intermediate)

Module 1: Basic Workplace Rights and Expectations

• Legal foundation of management’s right to assign work and set expectations.
• Key management rights and limitations in directing the workforce.
• Employee rights, including the right to due process in agency actions.
• Core due process procedures supervisors must follow.

Module 2: Coverage Requirements for Disciplinary and Adverse Actions

• What actions are covered (e.g., suspensions, removals, grade/pay reductions, furloughs ≤30 days) and what are not.
• Which employees are covered vs. excluded and why that matters.
• Jurisdictional issues: probationary removals, pre-/post-appointment reasons, and appeal rights.
• When actions are considered voluntary vs. involuntary (e.g., resignations, demotions via reassignment).

Module 3: Approaches to Discipline and Adverse Action

• Determine whether the problem is misconduct or performance—and choose the correct path.
• Principles of discipline: positive vs. negative, progressive discipline, and “just cause.”
• When adverse action procedures apply; employee coverage and voluntary/involuntary actions.
• Constructive suspensions/removals and harmful procedural error.

Module 4: Common Problems in Discipline and Adverse Action

• Indefinite suspensions and criminal/off-duty misconduct (ascertainable end, reasonable period).
• Security clearance or license failures; correcting erroneous personnel actions.
• Threats, falsification, insubordination, and misuse of government property/vehicles.
• Leave problems (AWOL, abuse, excessive absence) and medical inability to perform.

Module 5: Proving Disciplinary and Adverse Actions

• Standards of proof (preponderance) and establishing nexus to the efficiency of the service.
• Formulating charges: charges, elements, and specifications; naming and combining charges.
• Selecting penalties using Douglas factors and agency tables of penalties.
• Assessing credibility with Hillen factors.

Module 6: Taking Performance-Based Actions

• Distinguish performance vs. conduct issues and understand procedural differences.
• Chapter 75 vs. Chapter 43 routes; when each applies.
• Performance Improvement Plans (when to issue, components, monitoring, and documentation).
• Within-Grade Increase (WGI) denials and reconsideration basics.

Module 7: Leave Basics

• Federal workday/workweek rules and leave charging basics.
• Annual and sick leave administration, approvals, and required medical documentation.
• FMLA coverage, rights/responsibilities, and related programs (Wounded Warriors, military family, exigency leave).
• LWOP, leave transfer, and other miscellaneous leave categories.

Module 8: Medical Issues and Reasonable Accommodation

• Two paths: address performance/conduct or the medical condition itself.
• Reasonable accommodation—definitions, request formats, and when accommodation is not reasonable.
• Medical documentation rules and confidentiality.
• Disability discrimination theories and how RA interacts with discipline/performance.

Module 9: Grievances, EEO Complaints, and Appeals

• Overview of appeals procedures across MSPB and EEOC (including mixed cases).
• MSPB process steps and key filing timelines.
• Choosing EEOC or MSPB; handling “mixed case” scenarios.
• Special considerations, including contract employees.

Module 10: Federal Sector Arbitration

• Grievance procedures leading to arbitration and how arbitrators are selected.
• Threshold issues of arbitrability and framing the issue/theory of the case.
• Conducting hearings—opening statements and closing briefs.
• Relationship between MSPB decisions and arbitration outcomes.