Suspensions of 14 days or less have a 24-hour minimum advance notice period. Suspensions of more than 14 days, reductions in grade, pay, or payband, and removals require a 30- day advance notice period unless the agency has reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment may be imposed and is proposing a removal or suspension. The employee is entitled to review the material relied on to support the action detailed in the proposal notice. This period of time must not be less than 24 hours for suspensions of 14 days or less, and not be less than 7 days for suspensions of more than 14 days, reduction in grade, pay, or payband. The employee has the right to a reasonable amount of official time to review the material relied on to support the proposal notice and to prepare an answer and to secure affidavits.
NIST policy defines reasonable as up to eight hours.
The employee's answer may properly consist of rebutting the charges, a plea for mercy, or any other legitimate response which the employee chooses to make to influence the decision. The employee is entitled to be represented during the action by an attorney or other representative of their choice at their own expense. The decision must always consider the employee's answer, and should also show how any mitigating or aggravating circumstances were considered in setting the penalty. Finally, the decision notice must tell the employee how to seek redress, either to the MSPB or the grievance procedure, as appropriate. Less An employee against whom this type of adverse action is taken is entitled to file a grievance through the administrative grievance procedure or, for bargaining unit employees, the negotiated grievance procedure.