legal · go-v.org

Contents of employee performance files.

CFR · 2024-01-01 · US · Title 5

(a) A decision on what constitutes a performance-related document within the meaning of this subpart rests with the agency. Agency implementing instructions, for both incumbents of the Senior Executive Service and other positions, shall provide specific written guidance of the description of what constitutes the agency's official performance-related forms and documents. (b) Agency implementing instructions describing such records shall indicate where and for how long they are retained and how and when they are to be destroyed. Such instructions shall also describe what records are considered to be performance-related (as specifically as is feasible) and shall include all performance-related records maintained as a system of records within the meaning of the Privacy Act. Such records would generally include: (1) Any form or other document which records the performance appraisal, including appraisals leading to merit pay determinations. (2) Any form or other document used by rating officials to recommend a personnel action affecting an employee (including a request for personnel action document, but only when the action is not effected) when the basis for the action (e.g., removal, reassignment, demotion, promotion, or merit pay or other performance award) is performance-related. (3) Recommendations for training that are performance-related. (4) Any form or other document furnished in support of recommended actions such as those listed in paragraph (b)(2) of this section and th

official document · source cfr-2024 · id 5:§ 293.403