Demotion Provisions
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Questions and Answers

What is the definition of demotion according to the Article?

  • Promotion of an employee to a higher-graded class
  • Changing an employee's job title
  • Movement of an employee to a lower-graded class (correct)
  • Termination of an employee
  • What is a reason for an employee to request a voluntary demotion?

  • To change job title
  • To avoid termination in a RIF (correct)
  • To get a promotion to a higher-graded class
  • To avoid disciplinary actions
  • What is the minimum number of days of written notice an employee must receive before an involuntary demotion?

  • 5 calendar days
  • 15 calendar days
  • 10 calendar days (correct)
  • 20 calendar days
  • What must an employee's salary be after a voluntary demotion?

    <p>Either the same or lower than the current base salary</p> Signup and view all the answers

    What is an instance where an employee can be involuntarily demoted?

    <p>For receiving a less than satisfactory performance evaluation</p> Signup and view all the answers

    What is the reason for an involuntary demotion stated in the written notice?

    <p>The reason for the demotion</p> Signup and view all the answers

    What can an employee do if they believe their resignation was involuntary or coerced?

    <p>File a grievance under Article 38</p> Signup and view all the answers

    What is the purpose of a written warning and counseling before an involuntary demotion?

    <p>To provide an opportunity for the employee to improve</p> Signup and view all the answers

    What is the purpose of the IPPA process in relation to employee performance?

    <p>To identify employees with substandard work performance</p> Signup and view all the answers

    What should be considered when an employee's overall performance rating does not meet expectations?

    <p>A Work Improvement Plan</p> Signup and view all the answers

    What is the purpose of the Work Improvement Plan?

    <p>To outline specific performance problems and required corrective actions</p> Signup and view all the answers

    What should be considered when an employee's performance is substandard?

    <p>A Work Improvement Plan</p> Signup and view all the answers

    What is the relationship between the IPPA process and the disciplinary process?

    <p>The IPPA process is separate and distinct from the disciplinary process</p> Signup and view all the answers

    What should be considered when an employee is demoted?

    <p>A review of performance</p> Signup and view all the answers

    What is the purpose of the IPPA review after an employee is demoted?

    <p>To review performance and consider future actions</p> Signup and view all the answers

    Who is responsible for the IPPA process?

    <p>The immediate supervisor</p> Signup and view all the answers

    What is the maximum percentage by which an employee's salary can be decreased due to disciplinary demotion or demotion resulting from unsatisfactory performance?

    <p>20 percent</p> Signup and view all the answers

    What happens to an employee's salary if they are demoted due to reduction-in-force, and their salary exceeds the maximum salary for the new pay grade?

    <p>The salary remains the same for 2 years after the demotion.</p> Signup and view all the answers

    What is the maximum period of time an employee can retain their salary after being demoted due to reduction-in-force?

    <p>2 years</p> Signup and view all the answers

    What is the process for an employee to appeal an involuntary demotion, including a reduction-in-force?

    <p>Filing a grievance under Article 38</p> Signup and view all the answers

    What is the maximum salary increase allowed for an employee who is demoted due to reduction-in-force?

    <p>No salary increase is allowed</p> Signup and view all the answers

    What happens to an employee's salary at the end of the 2-year salary retention period after being demoted due to reduction-in-force?

    <p>The salary is reduced to the maximum salary for the new pay grade.</p> Signup and view all the answers

    What is the reason for which an employee's salary may not be increased if they are demoted due to reduction-in-force?

    <p>If their salary exceeds the maximum salary for the new pay grade.</p> Signup and view all the answers

    What is the provision that allows an employee to appeal an involuntary demotion?

    <p>Section 56.5</p> Signup and view all the answers

    What is the purpose of an interim evaluation?

    <p>To monitor a probationary employee or address a situation where an employee's performance is not at an acceptable level</p> Signup and view all the answers

    What is a performance standard?

    <p>A written description of the quantity, quality, and characteristics of the job</p> Signup and view all the answers

    Who is responsible for reviewing the appraisal and ensuring that appropriate performance appraisal planning and procedures were followed?

    <p>A Battalion Chief, Assistant Chief, or other high-ranking designee</p> Signup and view all the answers

    What is the purpose of a performance plan?

    <p>To record performance expectations and standards and is the basis for assessment of the employee's work performance</p> Signup and view all the answers

    What is the purpose of an overall rating in an IPPA?

    <p>To provide a summary of an employee's performance during a rating period</p> Signup and view all the answers

    What is a progress discussion?

    <p>A periodic oral or written assessment of an employee's performance in relation to their performance plan</p> Signup and view all the answers

    What is the purpose of an IPPA?

    <p>To record an employee's performance expectations and standards</p> Signup and view all the answers

    Who is responsible for conducting a performance appraisal?

    <p>An immediate supervisor</p> Signup and view all the answers

    What is the purpose of the immediate supervisor submitting all assessments to the reviewing official prior to presenting the rating to the employee?

    <p>To ensure the reviewing official's rating is consistent with the individual elements of the plan</p> Signup and view all the answers

    What happens if an employee refuses to sign a performance appraisal?

    <p>The appraisal is referred to the reviewing official</p> Signup and view all the answers

    Who is responsible for reviewing and discussing the performance appraisal with the employee?

    <p>The immediate supervisor</p> Signup and view all the answers

    What is the purpose of the Work Improvement Plan Procedures?

    <p>To provide a process for taking performance-based personnel action</p> Signup and view all the answers

    What is required before taking a performance-based personnel action?

    <p>The employee must be informed in writing of the problem and counseled as to what corrective action to take</p> Signup and view all the answers

    What happens to the performance appraisal after completion of the review with the employee?

    <p>It is forwarded to the employee's Battalion Chief</p> Signup and view all the answers

    What is the time-frame for providing a copy of the appraisal to the employee?

    <p>Within 30 days of completion</p> Signup and view all the answers

    Who receives the appraisal if the overall rating is 'Exceptional' or 'Does Not Meet Expectations'?

    <p>The Division Chief</p> Signup and view all the answers

    When should an immediate supervisor note an employee's accomplishment or progress on the performance appraisal?

    <p>As appropriate, during the performance appraisal process</p> Signup and view all the answers

    What is the purpose of the performance rating categories?

    <p>To evaluate the employee's performance against the performance standard outlined in the IPPA</p> Signup and view all the answers

    What is the rating category that applies to performance that has met the basic requirements of the performance standard outlined in the IPPA?

    <p>Meets Expectations</p> Signup and view all the answers

    What is the consequence of an overall rating at the Does Not Meet Expectations level?

    <p>Establishment of a Work Improvement Plan</p> Signup and view all the answers

    What can an employee submit to the immediate supervisor for consideration prior to assessment?

    <p>Information to be considered during the appraisal process</p> Signup and view all the answers

    What is the purpose of the IPPA process in relation to employee performance?

    <p>To evaluate employee performance against the performance standard outlined in the IPPA</p> Signup and view all the answers

    What is the role of the immediate supervisor in the performance appraisal process?

    <p>To evaluate the employee's performance and provide feedback</p> Signup and view all the answers

    What is the purpose of the performance appraisal process?

    <p>To evaluate employee performance against the performance standard outlined in the IPPA</p> Signup and view all the answers

    If an employee's salary exceeds the maximum salary for the new pay grade after a demotion due to reduction-in-force, what action must the department director take?

    <p>Reduce the employee's salary to the maximum for the new pay grade after 2 years</p> Signup and view all the answers

    What is the maximum percentage by which an employee's salary can be decreased due to disciplinary demotion or demotion resulting from unsatisfactory performance?

    <p>20 percent</p> Signup and view all the answers

    What is the required action for an employee who is demoted as a result of reduction-in-force and their salary exceeds the maximum salary for the new pay grade?

    <p>Retain the salary for 2 years after the demotion</p> Signup and view all the answers

    An employee who is demoted due to reduction-in-force can retain their salary for how long?

    <p>2 years after the demotion</p> Signup and view all the answers

    What is the process for an employee to appeal an involuntary demotion, including a reduction-in-force?

    <p>Filing a grievance under Article 38</p> Signup and view all the answers

    What happens to an employee's salary at the end of the 2-year salary retention period after being demoted due to reduction-in-force?

    <p>The salary is reduced to the maximum for the new pay grade</p> Signup and view all the answers

    What is the reason why an employee's salary may not be increased if they are demoted due to reduction-in-force?

    <p>The employee's salary exceeds the maximum salary for the new pay grade</p> Signup and view all the answers

    If an employee is demoted for cause or for unsatisfactory performance, what is the limit on the reduction of their salary?

    <p>20 percent of base salary</p> Signup and view all the answers

    What is the primary purpose of the Individual Performance Planning and Appraisal (IPPA) process?

    <p>To recognize successful performance and provide guidance to employees in correcting areas of deficiency</p> Signup and view all the answers

    What is a Critical Standard in the context of the IPPA?

    <p>A performance expectation that is critical to the competent performance of the essential duties and responsibilities of the position</p> Signup and view all the answers

    What is the purpose of the Developmental Action Plan?

    <p>To jointly establish goals for employee development when opportunities for improvement and development have been identified</p> Signup and view all the answers

    Who is responsible for conducting a performance appraisal?

    <p>The immediate supervisor</p> Signup and view all the answers

    What is the consequence of an overall rating of 'Does Not Meet Expectations'?

    <p>It indicates an overall inability to perform the job</p> Signup and view all the answers

    What is the purpose of a Performance Management component in the IPPA process?

    <p>To observe and document performance, provide on-going feedback, and conduct progress discussions throughout the review period</p> Signup and view all the answers

    What is the purpose of a Performance Plan component in the IPPA process?

    <p>To establish performance expectations and developmental action plan at the beginning of each review period</p> Signup and view all the answers

    What is the purpose of a Performance Appraisal component in the IPPA process?

    <p>To conclude the process which includes rating the performance of the employee, providing feedback, and noting progress of the developmental action plan</p> Signup and view all the answers

    What must be explicitly identified in the performance plan?

    <p>Critical elements and developmental action plans</p> Signup and view all the answers

    What is the time frame for the immediate supervisor to give an employee a copy of the performance plan?

    <p>14 calendar days after the plan is established or revised</p> Signup and view all the answers

    Who can participate in evaluating and/or rating the employee's performance?

    <p>All supervisors who have directed the employee's work</p> Signup and view all the answers

    What must the immediate supervisor do if an employee refuses to sign the performance plan?

    <p>Note on the plan that the employee saw it but refused to sign</p> Signup and view all the answers

    What is the purpose of the developmental action plan?

    <p>To address performance standards previously rated 'Does Not Meet Expectation'</p> Signup and view all the answers

    In what circumstance should the current supervisor consult with the previous supervisor?

    <p>When the employee has worked for the current supervisor for less than six months</p> Signup and view all the answers

    What is the consequence of an overall rating at the 'Does Not Meet Expectations' level?

    <p>A developmental action plan is created to address performance issues</p> Signup and view all the answers

    Who is responsible for reviewing the appraisal and ensuring that appropriate performance appraisal planning and procedures were followed?

    <p>The reviewing official</p> Signup and view all the answers

    What is the primary objective of the IPPA process?

    <p>To provide direct feedback to the employee regarding work performance over the review period</p> Signup and view all the answers

    What happens when an employee's overall performance rating does not meet expectations?

    <p>A Work Improvement Plan must be established</p> Signup and view all the answers

    What is the relationship between the IPPA process and the disciplinary process?

    <p>The IPPA process is separate and distinct from the disciplinary process</p> Signup and view all the answers

    What is the purpose of the Work Improvement Plan?

    <p>To outline specific performance problems and required corrective actions to be taken by the employee</p> Signup and view all the answers

    What is the responsibility of the Chief, MCFRS?

    <p>To maintain a formal procedure ensuring timely submission of IPPA forms</p> Signup and view all the answers

    What is the purpose of IPPA reviews?

    <p>To consider for merit increases, promotions, performance awards, demotions, dismissal, termination, or other adverse actions involving performance problems</p> Signup and view all the answers

    What is the responsibility of the immediate supervisor in the IPPA process?

    <p>To conduct performance appraisals and identify employees with substandard work performance</p> Signup and view all the answers

    What is the purpose of identifying employees with substandard work performance?

    <p>To establish a plan of action for employees requiring work performance improvement</p> Signup and view all the answers

    What must an employee be given before a performance-based personnel action is taken?

    <p>Written notice of the problem, counseling, and a specific timeframe to improve</p> Signup and view all the answers

    What happens if an employee refuses to sign a performance appraisal?

    <p>The reviewing official reviews the appraisal and consults with the employee and supervisor</p> Signup and view all the answers

    Who is responsible for reviewing and discussing the performance appraisal with the employee?

    <p>The immediate supervisor</p> Signup and view all the answers

    What happens to the performance appraisal after completion of the review with the employee?

    <p>It is forwarded through the chain of command to the employee's Battalion Chief to be filed</p> Signup and view all the answers

    If an employee's overall rating is 'Exceptional' or 'Does Not Meet Expectations', who receives the appraisal?

    <p>The Division Chief via the chain of command</p> Signup and view all the answers

    How long does the employee have to receive a copy of the appraisal after completion of the review?

    <p>30 days</p> Signup and view all the answers

    What is the purpose of the Work Improvement Plan Procedures?

    <p>To provide a framework for performance-based personnel actions</p> Signup and view all the answers

    What must the immediate supervisor submit to the reviewing official prior to presenting the rating to the employee?

    <p>All assessments</p> Signup and view all the answers

    Study Notes

    Demotion Provisions

    • A demotion is the movement of an employee to a lower-graded class.
    • There are two types of demotions: voluntary and involuntary.

    Voluntary Demotion

    • An employee may request a demotion or consent to a demotion in writing.
    • Reasons for a voluntary demotion include avoiding termination in a reduction-in-force or for personal reasons.
    • A voluntary demotion will not adversely affect the employee's work record or opportunities for promotion.

    Involuntary Demotion

    • The employer may involuntarily demote an employee for:
      • Less than satisfactory performance evaluation with a written warning, counseling, and at least 3 months to improve.
      • Disciplinary reasons consistent with Article 30 of the Agreement.
    • The employer must give a written notice of demotion to the employee at least 10 calendar days prior to the effective date, stating the reason, effective date, and appeal rights.

    Salary after Demotion

    • After a demotion, the employer must compensate the employee as follows:
      • Voluntary demotion: the employer may allow the employee to keep their current base salary, but it must not be less than the minimum or more than the maximum salary for the new pay grade or pay band, and not decreased by more than 20% of base salary.
      • Involuntary demotion:
        • Demotion resulting from reduction-in-force or disability: the employee's salary will be retained for 2 years, after which it will be reduced to the maximum for the pay grade.
        • Demotion resulting from unsatisfactory performance or disciplinary reasons: the salary will be reduced by no more than 20% of base salary.

    Appeal of Involuntary Demotion

    • An employee may appeal an involuntary demotion, including the salary reduction, by filing a grievance under Article 38.

    Work Improvement Plan (WIP)

    • A WIP is a written plan developed with the employee to outline performance problems, corrective actions, and required performance to be demonstrated by a specified date.
    • The WIP may identify assistance to be provided by the immediate supervisor.

    Individual Performance Planning and Appraisal (IPPA) Process

    • The IPPA process aims to:
      • Provide direct feedback on work performance
      • Identify employees for greater responsibilities
      • Identify substandard work performance
      • Establish a plan of action for improvement
      • Develop action plans for professional development
      • Recognize extraordinary performance
      • Provide documentation of work performance

    Performance Appraisal Process

    • Employees are encouraged to complete a self-assessment using the IPPA evaluation tool.
    • The immediate supervisor must submit all assessments to the reviewing official prior to presenting the rating to the employee.
    • The reviewing official must ensure that the appraisal is consistent with this procedure and the overall rating is consistent with the individual elements of the plan.

    Review and Discussion

    • The immediate supervisor must review and discuss the performance appraisal with the employee.
    • If an employee refuses to sign a performance appraisal, the appraisal must be referred to the reviewing official.
    • The reviewing official must review the appraisal and consult with the employee and supervisor to determine why the employee refused to sign the appraisal.

    Filing and Distribution

    • Upon completion of the review with the employee, the performance appraisal will be forwarded through the chain of command to the employee's Battalion Chief to be filed.
    • Assessments with an overall rating of "Exceptional" or "Does Not Meet Expectations" should be forwarded to the employee's Division Chief via the chain of command.
    • One copy of the appraisal must be given to the employee within 30 days of completion.

    Work Improvement Plan Procedures

    • Prior to taking a performance-based personnel action, the employee must be:
      • Informed in writing of the problem.
      • Counseled as to what corrective action to take.
      • Allowed an adequate and specific time-frame to improve or correct the performance deficiency.

    Key Terms

    • Individual performance appraisal: An immediate supervisor's written evaluation of an employee's performance in relation to the critical and other standards in the employee's performance plan.
    • Interim evaluation: A performance evaluation conducted by a supervisor at a time between the annual performance evaluation to monitor a probationary employee or address a situation where an employee's current job performance is not at an acceptable level of competence.
    • Overall rating: An overall summary rating in the employee's IPPA that best describes the employee's overall level of performance during the period covered by an IPPA.
    • Performance plan: That portion of the IPPA that records performance expectations and standards and is the basis for assessment of the employee's work performance.
    • Performance standard: A written description of the quantity, quality, and characteristics of the job, the type of work to be performed, skill or knowledge to be demonstrated, or the results that the employee is expected to accomplish.
    • Progress discussion: An immediate supervisor's periodic oral or written assessment of an employee's performance in relation to the expectations in the performance plan.
    • Reviewing official: A Battalion Chief, Assistant Chief, or other high-ranking designee responsible for reviewing the appraisal and ensuring that appropriate performance appraisal planning and appraisal procedures were followed by the employee's immediate supervisor.

    Performance Rating Categories

    • Exceptional: Performance that constantly exceeds the requirements identified in the performance standard outlined in the IPPA.
    • Above Expectation: Performance that has met, and exceeds the requirements of the performance standard outlined in the IPPA.
    • Meets Expectations: Performance that has met the basic requirements of the performance standard outlined in the IPPA.
    • Does Not Meet Expectations: Performance that has not met the basic requirements of the performance standards outlined in the IPPA.

    Demotions and Salary Reductions

    • An employee's salary cannot be increased or decreased excessively in the event of a demotion.
    • Demotions due to unsatisfactory performance or disciplinary issues may result in a salary reduction of up to 20% of the base salary.
    • In the case of a reduction-in-force, the employee's salary will be retained for 2 years, after which it will be reduced to the maximum salary for the new pay grade.

    Appeals

    • An employee may appeal an involuntary demotion, including salary reductions, by filing a grievance under Article 38.

    Individual Performance Planning and Assessment (IPPA)

    • Purpose: to establish policies and procedures for individual performance planning and assessment in the Montgomery County Fire and Rescue Service.
    • Components: Performance Plan, Performance Management, and Performance Appraisal.

    Definitions

    • Critical Standards: essential performance expectations that, if not met, may result in an overall rating of "Does Not Meet Expectations".
    • Developmental Action Plan: a plan to improve performance deficiencies, developed jointly by the supervisor and employee.
    • Immediate Supervisor: responsible for assigning and evaluating an employee's work.
    • Work Improvement Plan: a written plan outlining specific performance problems, corrective actions, and a timeline for improvement.

    IPPA Process

    • Objectives: to provide feedback, identify employees for development, identify substandard work performance, and establish a plan for improvement.
    • IPPA reviews are separate from the disciplinary process and do not impede or replace it.
    • A Work Improvement Plan is required when an employee's overall performance rating does not meet expectations.

    Responsibilities

    • The Chief, MCFRS, must maintain a formal procedure for submitting IPPA forms.
    • Immediate supervisors are responsible for performance planning, including identifying critical elements, developing a developmental action plan, and conducting performance appraisals.
    • Employees are encouraged to complete self-assessments using the IPPA evaluation tool.

    Performance Appraisal

    • Frequency: employees are encouraged to complete self-assessments, and supervisors must submit assessments to the reviewing official prior to presenting the rating to the employee.
    • Timing: the immediate supervisor must review and discuss the performance appraisal with the employee, and the reviewing official must ensure consistency and fairness.

    Work Improvement Plan Procedures

    • Prior to taking a performance-based personnel action, the employee must be informed in writing of the problem, counseled on corrective action, and allowed adequate time to improve.

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    Description

    Understanding the concept of demotion, including voluntary and involuntary demotions, and their implications on employee records and promotion opportunities.

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