BOP Program Statement 3000.03 § 22

at any time during the rating cycle when a supervisor records an

instance of unacceptable performance in one or more elements of

the performance standards in the employee's performance log.

a. Unacceptable Performance Warning. When a supervisor

records an instance of unacceptable performance, he/she will

issue the employee a written warning of a potentially

unacceptable performance rating. This warning letter must

include:

(1) Notification of the element or elements in which

performance is unacceptable.

(2) Specific examples of the unacceptable performance.

(3) The performance requirements or standards which must be

attained in order to demonstrate acceptable

performance. The acceptable level of performance for

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purposes of retention in the position under the

Bureau's five-level performance appraisal system is the

level between the "unacceptable" level and the "fully

successful" level, specifically performance which is

"minimally successful".

(4) An reasonable opportunity period to demonstrate

acceptable performance on the elements at issue. This

opportunity period will normally not be less than 30

days nor more than 90 days following the issuance of

the warning letter and will be determined under the

circumstances of the particular case. The initially

established period may be extended at the agency's

discretion for extenuating circumstances such as

extended periods of absence during the opportunity

period.

(5) Notice that the employee must improve to the acceptable

level by the conclusion of the opportunity period and

must sustain that level of performance for at least one

year from the start of the opportunity period.

(6) A structured performance improvement plan (PIP) to

provide the employee opportunities to demonstrate

acceptable performance. The PIP may include such

activities as developmental assignments, structured

employee assistance or counseling, formal training, on-the-job training, mentoring or any other activity which

the supervisor believes will afford the employee an

opportunity to demonstrate acceptable performance.

Careful records must be kept of assistance offered and

results achieved under the PIP.

(7) Explanation of actions which may be initiated if the

unacceptable performance continues or if acceptable

performance is not demonstrated.

Human Resource Managers will assist supervisors in

preparing performance warning letters. Warning letters

must be approved by the Regional HRM Office and the LMR

Section before being issued to the employee.

b. Improved Performance During the Opportunity Period. If, at

the conclusion of the opportunity period, the rating official

determines that the employee has improved to an acceptable level

in the element which formed the basis for the opportunity period,

no further action will be taken. When it is time for the annual

rating, the rating official will consider the instance of

unacceptable performance along with other recorded instances of

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performance for that element and give it appropriate weight in

assigning the rating for that element.

c. Additional Unacceptable Performance During the Opportunity

Period. If, at the conclusion of the opportunity period, the

rating official determines that the employee has not improved to

an acceptable level in the element which formed the basis for the

opportunity period, then the rating official will prepare a

performance rating, whether or not it is time for the annual

rating. The element will be rated unacceptable and the proposed

overall rating will be unacceptable.

(1) If it is not time for the annual rating and the

reviewing official does not concur with the proposed

unacceptable rating, then no rating will be issued.

However, if at any time during the remainder of the

rating period the supervisor notes another instance of

unacceptable performance in the same element, he/she

will again propose an unacceptable rating.

(2) If it is time for the annual rating and the reviewing

official does not concur with the proposed unacceptable

rating, then the reviewing official's rating is the

final rating. The reviewing official must adjust the

individual element ratings to support the overall

rating given and substantiate these changes in the

reviewing official's comments on the rating form.

(3) Whether it is time for the annual rating, if the

reviewing official concurs with the proposed

unacceptable rating, then an unacceptable rating will

be issued together with a notice of proposed action in

accordance with paragraph 23 of this section.

d. Additional Unacceptable Performance During the Twelve

Months Following the Beginning of the Opportunity Period. In

order to demonstrate acceptable performance following a

performance warning letter, employees are required to improve

their performance to an acceptable level and sustain that level

of performance for twelve months following the beginning of the

opportunity period. Therefore, if a supervisor notes

unacceptable performance in the same element which formed the

basis for the warning letter at any time during the twelve months

following the beginning of the opportunity period, he/she will

prepare a proposed unacceptable rating as described in Paragraph

22c. above. This is the case even if the employee did

demonstrate acceptable performance during the opportunity period

and/or received a performance rating of minimally successful or

better since the issuance of the warning letter.

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