1. A within grade increase (WGI) will be granted to an Employee if his/her performance is at an acceptable level of competence (ALOC), he/she has completed the required waiting period, and has not received an equivalent increase during the waiting period) To be determined at an ALOC, the Employee's most recent rating of record, as documented on the Employee Performance Appraisal Form (Form DI 2002), must be at the "Results Achieved" level (5 CFR531.404(a)). The rating of record used as the basis for an ALOC determination must have been assigned no earlier than the most recently completed appraisal period (5 CFR531.404(a)(2)).
Employees whose current performance appraisal is Results Achieved may be granted a WGI without further documentation. The Employee will receive a Standard Form 50, Notification of Personnel Action, documenting the granting of the WGI.
2. The Employer will prepare a new rating of record (5 CFR531.404(a)(1)) when a WGI decision is not consistent with the Employee's most recent rating of record and forward a copy to the Personnel Office with the ALOC determination.
3. Employees whose performance is at the "Results Not Achieved" level will not be granted a WGI. The Employer will notify the Employee in writing of the negative level of competence determination as soon as possible after completion of the waiting period for the WGI. The WGI will be denied until performance improves to the Results Achieved level. The contents of the negative determination notice will:
a) Set forth the reasons for the negative determination;
b) Describe what the Employee must do to improve his or her performance in order to be granted a within grade increase;
c) Inform the Employee of his or her right to request a reconsideration of the negative determination by the reconsideration official (5 CFR351.409(e)(2)(i) & (ii));
d) Identify the Reconsideration Official.
4. Reconsideration of Negative Determination.
a) The Employee may request reconsideration of a negative determination within fifteen (15) calendar days after receiving notice of a negative determination. The Employee must submit a written request to the reconsideration official, identified in the negative determination notice, stating the reasons why the reconsideration official should reconsider the negative determination (5 CFR 531.410(a)(1)). The request should also contain any supporting data that the Employee wishes to have considered.
b) An Employee is entitled to have a representative of his/her own choosing in presenting his/her request.
c) With prior supervisory approval, an Employee in a duty status may use a reasonable amount of duty time, to review the material relied on to support the negative determination and to prepare a request for reconsideration.
d) If the reconsideration is favorable to the Employee, the Employee's WGI will be granted retroactive to the original due date. The Personnel Office will take the necessary action to process the WGI and provide an SF-50, Notification of Personnel Action, granting the WGI to the Employee (5 CFR531.412(a)).
e) When a negative determination is sustained after reconsideration, the Employee will be informed in writing within fifteen (15) calendar days after receipt of his/her request for reconsideration of the reasons for the decision and of his/her right to appeal the decision through the negotiated grievance procedure (5 CFR531.410(d)).
5. Continuing Evaluation After Withholding a Within-Grade Increase
a) When a within grade increase has been withheld, at any time thereafter, when the Employer determines that the Employee has demonstrated sustained performance at the ALOC, the WGI may be granted. The Employer must prepare a new rating of record for the Employee and certify in a memorandum to the Personnel Office that the Employee is performing at an ALOC and that the WGI should be granted (5 CFR531.412). The effective date of the WGI will be the first day of the first pay period after the acceptable determination has been made (5CFR531.412). The Personnel Office will take the necessary action to produce a Standard Form 50, Notification of Personnel Action, granting the WGI.
b) The Employer must make a determination regarding the Employee's acceptable level of competence after no more than fifty two (52) weeks following the original eligibility date for the within grade increase and, for as long as the within grade increase continues to be denied, must make a determination after no longer than each fifty two (52) calendar weeks. (5 CFR531.411)
(1) If the redetermination is favorable, the Employer will take action as described in a. above.
(2) If the redetermination is negative, the Employer will prepare a negative determination notice, using the same procedures as for the original notice determination. The Employee has the same right to reconsideration and right to grieve that he/she did when the original negative determination was made.