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Appraisal Program Requirements/Flexibilities FAQs

Federal employee appraisal regulations are designed to give agencies the flexibility they need to design appraisal programs that meet their needs. Some frequently asked questions about program design requirements include:

List of Questions

Does an agency have to have written performance appraisals for its employees?
Can an agency assume that most employees are performing at an acceptable level (i.e., rate by exception)?
What is the maximum length allowable for appraisal periods?
Are there any length requirements or limitations for the program's minimum period (i.e., the length of time before a performance rating can be prepared)?
Does an agency have to establish a performance plan and prepare a summary rating for an employee who goes on detail for 120 days or more?
The 1995 regulations removed many of the procedural requirements that were there before; does that mean that an agency can no longer follow such practices or that the Office of Personnel Management no longer supports them as tools to help administer performance management?
Can an agency program require higher-level review of all employee performance plans?

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Does an agency have to have written performance appraisals for its employees?
The regulations read "written, or otherwise recorded." This language was chosen very deliberately to allow for use of the newer electronic formats available today. Although agencies do not have to write performance appraisals on paper, the appraisals must be recorded in some way and agencies must be able to produce a paper copy, if needed. Purely oral appraisals would not meet the regulatory requirement.

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Can an agency assume that most employees are performing at an acceptable level (i.e., rate by exception)?
No. The statute requires that each employee be appraised against his or her performance standard(s). It does not allow for appraising an employee by "presuming" that an employee is meeting performance standards. For the same reason, the process for appraising employees described by the regulations at part 430 of title 5, Code of Federal Regulations, does not provide for any "assumed" levels of performance. However, this requirement to rate should not be interpreted as a requirement to generate lengthy written justification of element appraisals and summary level assignment. Agencies may choose to make recording the determination that performance meets the Fully Successful standard a very simple procedure.

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What is the maximum length allowable for appraisal periods?
Technically, there is no maximum length. The regulations specify that appraisal periods shall generally be designated so that employees are provided a rating of record annually. Also, the legislative history of the Civil Service Reform Act of 1978, the statute that prescribes the current performance appraisal system, indicates that Congress expected appraisals to be done annually. In addition, an important consideration when choosing the length of the appraisal period is its relation to the annual rating of record required for reduction in force purposes. Agencies must look at the nature of the work done by various organizations and determine what length of time is appropriate as the basis for measuring employee performance. Agencies are encouraged to designate a single appraisal period (i.e., 1 year) as the standard appraisal period throughout the agency, with the built-in flexibility to accommodate individual or mass transitions between programs. Otherwise, an agency system must define any limits (maximum length, minimum length, or acceptable range) within which it will permit appraisal programs to select their appraisal periods.

Furthermore, agencies may establish different appraisal cycles (starting and ending dates) for different employees under the same appraisal period.

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Are there any length requirements or limitations for the program's minimum period (i.e., the length of time before a performance rating can be prepared)?
No. An agency program must specify the length of its minimum period and that minimum must fall within any limits established by the agency appraisal system. However, the outcomes of performance appraisals are applied in other personnel areas, and these applications create some practical limits for minimum periods.

For example, the regulations and statutory waiting periods for granting the within-grade pay increase for General Schedule and Prevailing Rate System employees rely on a determination that the employee's performance merits the pay adjustment. Prevailing Rate System employees with a work performance rating of satisfactory or better are advanced from step 1 to step 2 after 26 weeks, which implies that their performance must be ratable before that. Consequently, and without taking into consideration the nature of the work itself, the practical outside limit for the minimum period for prevailing rate employees is roughly 180 days.

In addition, the minimum period is one of the program features that may be subject to third-party review. Agencies are advised to be careful in determining the time limits to be used and avoid setting minimum periods that might be judged unreasonably short.

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Does an agency have to establish a performance plan and prepare a summary rating for an employee who goes on detail for 120 days or more?
Regulations do not require that performance plans be established or performance ratings be provided for employees on detail. Agencies must determine how they will capture information about employee performance while on detail and how they will consider it in producing the rating of record.

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The 1995 regulations removed many of the procedural requirements that were there before; does that mean that an agency can no longer follow such practices or that the Office of Personnel Management no longer supports them as tools to help administer performance management?
No. The Office of Personnel Management removed many of the procedural requirements from the regulations because in the spirit of decentralization they no longer need to be presented as Governmentwide requirements. These practices can be just as valid to some organizations as they always have been. Their removal from the regulations in no way implies that the Office of Personnel Management no longer considers them good practice. However, their removal does free agencies to try other alternatives in their appraisal programs to find those that work best for them.

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Can an agency program require higher-level review of all employee performance plans?
Yes. Pre-1995 regulations required higher-level review of employee performance plans but the 1995 regulations no longer require this review Governmentwide. However, many agencies have retained the higher-level review process in their programs because this level of review has worked well for them in the past and there is no reason or requirement to discontinue it.

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