36-1. Voluntary demotion.
(a) A department director may demote an employee who requests a demotion or consents in writing to a demotion.
(b) An employee may request or accept a voluntary demotion:
(1) to avoid termination in a RIF;
(2) to remain employed if the employee is unable to perform the essential functions of the employee’s job because of a physical or mental impairment; or
(3) for other personal reasons.
(c) A voluntary demotion must not adversely reflect on the employee’s work record or affect the employee’s opportunity for promotion to a position for which the employee is qualified.
36-2. Involuntary demotion.
(a) A department director may involuntarily demote an employee if:
(1) the employee is not able to perform the duties assigned to the employee’s position because of a physical or mental incapacity;
(2) the employee receives a less than satisfactory performance evaluation following a written warning, counseling, and at least 3 months opportunity to improve;
(3) the employee is not able to perform the duties assigned to the employee’s position for a reason unrelated to a physical or mental incapacity, such as failing to maintain a license or certification that is required for the employee’s position; or
(4) the demotion is for disciplinary reasons under Section 33 of these Regulations.
(b) A department director must not demote an employee with a physical or mental disability under Section 36-2(a)(1) above unless efforts at reasonable accommodation within the employee’s position as described in Section 8 of these Regulations are unsuccessful and the employee is not transferred to another position.
(c) The director must give a written notice of the demotion to the employee at least 5 working days prior to the effective date of the demotion and must state in the notice:
(1) the reason for the demotion;
(2) the effective date; and
(3) if the employee may appeal the demotion and the time limit for filing an appeal.
36-3. Salary after a demotion. A department director must compensate an employee after a demotion as described in Section 10-5(d).
36-4. Appeal of involuntary demotion.
(a) An employee with merit system status may appeal an involuntary demotion and the amount of the salary reduction associated with the demotion by filing a grievance under Section 34 of these Regulations or by filing a direct appeal with the MSPB under Section 35.
(b) A temporary or probationary employee may appeal a disciplinary demotion and the salary reduction by filing a grievance under Section 34.
(Administrative History: Reg. No. 12-00AMII (Method 2) amended in part by Reg. Nos. 37-01, 1-02AMII, 4-02AM, 20-02AM, 1-03AM, 11-03AM, 2-04, 6-04AM, 9-04AM, 19-04AM, 21-04AMII, 24-05, 16-06, 22-06, 18-07AM, 22-07, 23-07AM, 26-07AM, 7-09, 14-09, 23-09, 27-09AM, 28-09, 3-10, 5-10AM, 9-10, 11-10AM, 13-10AM, 1-11, 2-11, 3-11, 7-11, 8-11, 13-12, 14-12, 19-12, 16-13AMII, 4-14, 5-15, 20-14, 17-15, 11-16AM, 9-17AM, 14-17, 6-18AM, 7-20T, 25-19, 7-20, 26-19, 14-21, 16-21, 12-22T, 12-22, 18-22, 3-23, and 9-23; Orig. Dept.: Human Resources; Supersedes: March 1994 Personnel Regulations as amended by Reg. Nos. 11-94, 3-95, 9-95, 37-95, 28-97AM, 40-97AMIII, 8-98, 12-98AM, 13-98AM, 7-99AM, 1-00AM, 2-00AM, 7-00AM, 27-00AM, 29-00, 3-01AM, 4-01AM, and regulations extending the expiration dates of these regulations; Reg. Nos. 12-98AM and 18-98AM; and Administrative Procedure Nos. 4-6, 4-8, 4-9, 4-10, 4-12, 4-14, 4-18, 4-23, 4-24, 4-25, 4-26, 4-27, 4-28, 4-29, 4-30, and 4-35.)