Human Resource Policy Manual (HRPM)
ER-4.1 Standards of Conduct
Effective 06/05/2017
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Human Resources Policy Manual (HRPM)
Volume 4: Employee Relations
ER-
4.1
Standards of Conduct
This Chapter applies to: (1) Non-bargaining unit employees/positions (2) bargaining unit
employees/positions, except those employees/positions where any bargaining obligation has not been
met or where the applicable collective bargaining agreement contains conflicting provisions.
Chapter established: 08/11/2000
This version effective: 06/05/2017
Background information: No policy changes are intended with the reissuance of this policy chapter.
However, some updates are needed to clarify or remove incorrect information.
Revisions were made to:
•
Update the chapter to comply with HRPM formatting and plain language requirements, where
feasible.
•
Provide the list of applicable authorities governing the standards of conduct for FAA employees.
•
Update outdated references and hyperlinks to FAA Orders and the Office of Government Ethics’
and Office of Personnel Management’s guidance for standards of ethical conduct for Federal
employees.
•
Remove and replace references to operational deviation and error (see paragraph 7i and 11f).
•
Add information to establish a nexus between these Standards of Conduct and employee use of
social media (see paragraph 7m).
•
Add a clarifying statement regarding an employee’s limited or incidental personal use of the
agency’s systems, internet, email or office equipment in accordance with FAA Order 1370.121
FAA Information Security and Privacy Program & Policy, Appendix 33.
•
Add a clarifying statement regarding the prohibition of use of marijuana by Federal employees
regardless of any state law (including the District of Columbia) which may permit legal use of
marijuana (see paragraph 19b).
1.
Purpose
2.
Scope
3.
Authorities
4.
Definitions
5.
Roles and Responsibilities
a.
Office of the Chief Counsel
b.
Office of Human Resource Management
c.
FAA Managers
d.
Employees
6.
Guiding Principles
7.
General Conduct Expectations
8.
Safeguarding and Use of Information, Documents, and Records
9.
Safeguarding Public Funds
a.
Unauthorized commitments
b.
Personal services contracts
c.
Disclosure of proprietary or source selection information
10.
Use of Federal Equipment, Property, Time, Funds and Personnel
a.
Telephones
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b.
Personal mail
c.
Government mail
d.
Government contractor-issued travel card
e.
Government purchase card
f.
Computers
g.
Passenger carriers
11.
Observing Safety Regulations
12.
Absence and Leave
a.
Attendance at work and approvals to use paid/unpaid leave or paid time off
b.
Use of sick leave
c.
Tardiness
13.
Giving Statements and/or Testimony
14.
Letters and Petitions to Congress
15.
Recording or Monitoring of Telephone Calls or Covert Recording, Videotaping or Monitoring of
Conversations, Meetings, etc.
a.
Monitoring phone calls
b.
Unauthorized recordings
c.
Authorized recordings
d.
Photography
16.
Defamatory or Irresponsible Statements
17.
Workplace Violence
18.
Possession of Firearms
19.
Drugs and Alcohol
a.
Testing designated positions
b.
Inappropriate or illicit use of illegal or legal substances
c.
Alcohol
d.
Standards and requirements for maintaining the National Airspace System
20.
Eliminating Discrimination and Creating a Model EEO Program
a.
Non-discrimination
policy
b.
Coercion or retaliation
21.
Sexual Harassment and Misconduct of a Sexual Nature
a.
Sexual harassment
b.
Misconduct of a sexual nature
c.
Misconduct in violation of the agency’s policy
22.
Political Activity
23.
Holding Office in State or Local Government
24.
Subversive Activity
25.
Striking
26.
Canvassing, Soliciting or Selling
a.
Prohibited activities
b.
Permissible activities
27.
Borrowing and Lending Money
28.
Accepting Notarial Fees
29.
Meeting Financial Obligations
30.
Accepting Gifts
31.
Outside Employment and Financial Interests
32.
Reporting Violations
1.
Purpose. This chapter establishes the standards on employee responsibilities and conduct for
employees of the Federal Aviation Administration (FAA), U.S. Department of Transportation. This
guidance outlines the basic obligation of public service and the principles of ethical conduct as an
employee of the United States Government. Although it addresses many ethics and conduct
requirements, it is not intended to cover all possible situations.
2.
Scope. This policy chapter covers all employees and is designed to encourage employees to
maintain a level of behavior and performance that will promote the efficiency of the Federal service and
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conform to accepted ethical principles. Employees (including their spouse and minor children) are subject
to additional ethical and financial disclosure requirements not covered in this policy (see 5 CFR, Part
6001, Supplemental Standards of Ethical Conduct for Employees of the Department of Transportation).
3.
Authorities. Although Section 347 of the Department of Transportation and Related Agencies
Appropriation Act of 1996, Pub. L. 104-50 (1995), exempted the FAA from most provisions of Title 5,
United States Code (U.S.C.), there are certain provisions that were not excluded from coverage with the
implementation of the personnel management system. This chapter should be used with the applicable
authorities as follows:
a.
Title 5, United States Code (USC), Chapter 73, Suitability, Security and Conduct
b.
Executive Order (E.O.) 12674 as modified by E.O. 12731, Principles of Ethical Conduct for
Government Officers and Employees (includes regulations and opinions promulgated by the
Office of Government Ethics)
c.
5 Code of Federal Regulations (CFR), Part 2635, Standards of Ethical Conduct for Employees of
the Executive Branch
d.
5 CFR, Part 6001, Supplemental Standards of Ethical Conduct for Employees of the Department
of Transportation
e.
FAA Order 3750.7 (series) Ethical Conduct and Financial Disclosure Program
4.
Definitions.
a.
Adverse personnel action is a suspension, an involuntary reduction in pay or grade (this
includes an involuntary reduction in pay band level), a furlough of 30 days or less (but not including
placement in a non-pay status as the result of a lapse of appropriations or an enactment by
Congress) or removals (see ER-4.2 Maintaining Discipline, paragraph 3
).
b.
Corrective action includes any action necessary to remedy a past violation or prevent a
continuing violation of these standards of conduct, including but not limited to restitution, change of
assignment, disqualification, divesture, termination of an activity, waiver, the creation of a diversified
or blind trust, or counseling.
c.
Disciplinary action is an action issued to an employee based on misconduct. It can range from a
letter of reprimand up to a suspension of 14 days or less (see ER-4.2 Maintaining Discipline,
paragraph 3).
5.
Roles and Responsibilities.
a.
Office of the Chief Counsel:
(1)
Responsible for the initial and on-going education of employees on the principles of the
ethical standards of conduct and financial disclosure.
(2)
Works with the Office of Communications to provide periodic reminders to employees about
the standards of conduct and other ethical topics.
b.
Office of Human Resource Management:
(1)
Provides information to employees and managers on where to direct questions regarding the
standards of conduct and the requirements set forth in the policy.
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(2)
Issues periodic notices (electronically or by hard copy) to managers regarding their
responsibilities to remind employees about the standards of conduct and their responsibilities
for maintaining high standards of ethical conduct to comply with the requirements of this
policy.
(3)
Provides advice, guidance and counsel (primarily through the Office of Labor and Employee
Relations (LER), Headquarters (HQ) and Regional Operations offices) to managers in the
administration of employee relations programs.
c.
FAA Managers:
(1)
In addition to the responsibilities described in paragraphs 6 and 7 below, managers, after
consulting with their servicing LER Headquarters (HQ) or Regional Operations office, apply
the FAA’s conduct and discipline program to employees under their supervision.
(2)
Provide positive leadership and serve as role models for their subordinates by demonstrating
a commitment and sense of responsibility to their job and compliance with this policy.
(3)
Remind employees (at least on an annual basis) of their obligation to review and comply with
the standards of conduct addressed in this policy including, as appropriate, the Standards of
Ethical Conduct for Executive Branch Employees, 5 CFR Part 2635, transmitted by FAA
Order 3750.7 (series) Ethical Conduct and Financial Disclosure Program.
(4)
Verify that required financial disclosures are filed and mandatory annual training regarding
ethical conduct and financial disclosure is completed by obligated employees.
(5)
Treat employees with dignity, respect and in a fair and equitable manner in conformance with
the FAA Model Equal Employment Opportunity (EEO) Program. Communicate to their staff
that they will not tolerate or condone discrimination, or the appearance of discrimination, on
the part of any employee.
(6)
Notify (promptly) their Security Servicing Element (SSE) and their servicing LER HQ or
Regional Operations office, of known or suspected violations of the law (including suspected
criminal activity) on the part of employees. In accordance with
FAA Order 1600.1 Personnel
Security Program, report any information that would raise doubts about an employee’s
continued eligibility for access to classified information.
(7)
Adhere to, fully support and comply with all DOT and FAA regulations, policies and programs.
Take necessary corrective action or a disciplinary or adverse personnel action when
employees under their supervision commit offenses in violation of law, regulations, policies or
programs.
d.
Employees:
(1)
Must adhere to this policy and observe basic on-the-job rules as described in this policy.
(2)
Become familiar with the standards of conduct and their responsibilities for adhering to the
requirements set forth in this policy and other governing provisions (see paragraph 3 –
Authorities).
6.
Guiding Principles. An employee's conduct on the job has a direct bearing on the proper and
effective accomplishment of official duties and responsibilities. Employees are expected to approach their
duties in a professional and businesslike manner and maintain such an attitude throughout the workday. It
is also expected that employees will maintain a professional decorum at all times while in a temporary
duty travel status or otherwise away from their regularly assigned duty location, such as when
teleworking, whether at home or at an alternative worksite, or attending training. Employees, who enter
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Government work space, even when not on duty, must maintain a professional attitude and decorum.
Those employees in direct contact with the public bear a heavy responsibility as their conduct and
professionalism significantly impacts the image of the Federal service and the FAA.
Employees must maintain high standards of honesty, integrity and impartiality, and conduct themselves in
a manner which will ensure that their activities do not discredit the Federal Government and the FAA.
Employees are also expected to conduct themselves off-duty in a manner which will not adversely reflect
on the agency's ability to discharge its mission, cause embarrassment to the agency by the employee's
activity or behave in a manner that will cause the public and/or managers to question their reliability,
judgment and trustworthiness in carrying out their responsibilities as employees of the Federal
Government.
7.
General Conduct Expectations. All employees are responsible for conducting themselves in a
manner which will ensure that their activities do not discredit the Federal Government and the FAA.
Employees must observe the following basic on-the-job rules:
a.
Maintain regular attendance, report for work on time and in a condition that will permit
performance of assigned duties (i.e., wear appropriate clothing and/or outfitted with required tools or
equipment; free from any effects of alcohol and/or drugs that impair job performance or conduct;
physically fit as needed by job requirements; and in a mentally alert condition to perform the duties of
his/her position).
b.
Render full and industrious service in the performance of assigned duties. Employees are to
keep their manager fully apprised of the status of assignments in an effort to ensure an efficient
workflow.
c.
Respond promptly to, and fully comply with directions and instructions received from their
manager or other management officials.
d.
Exercise courtesy and tact at all times in dealing with fellow workers, managers, contract
personnel and the public. Employees must treat everyone with dignity and respect, and support and
assist in creating a productive and hospitable work environment. They are obligated to avoid
disrespectful, abusive or other inappropriate behavior toward other personnel, management officials
and customers.
e.
Maintain a clean and neat personal appearance to the maximum practicable extent during
working hours. Employees are expected to dress appropriately in clothing that communicates
professionalism appropriate to the position held. Individual decisions related to work attire should
reflect sound and professional judgment.
f.
Safeguard and handle appropriately all classified information and unclassified information that
should not be given general circulation as provided for in FAA Order 1600.2 Classified National
Security Information and FAA Order 1600.75 Protecting Sensitive Unclassified Information.
g.
Conserve, protect and assure appropriate use of Federal funds, time, property, equipment,
materials, information and personnel (both Federal and contract).
h.
Observe and abide by all laws, rules, regulations and other authoritative policies and guidance.
Employees will familiarize themselves with the Standards of Conduct contained in this Human
Resources Policy Manual (HRPM), as well as, the Standards of Ethical Conduct for Executive Branch
Employees, 5 CFR Part 2635, transmitted by FAA Order 3750.7 (series) Ethical Conduct and
Financial Disclosure Program.
i.
Immediately report known or suspected violations of law, regulations or policy through
appropriate channels and fully participate in inquiries. Including, but not limited to:
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•
Any personal violation that has the possibility or appearance of impacting on the employee’s
position.
•
Report unsafe air traffic occurrences (i.e., accidents or incidents).
j.
Uphold with integrity the public trust involved in the position to which assigned.
k.
Observe and abide by prohibitions against any violent, threatening, harassing and/or
confrontational behaviors towards others, as well as prohibitions on discrimination and misconduct of
a sexual nature.
l.
Update contact information (i.e., any change in address and/or telephone number) and
emergency contact information as soon as possible.
m.
Ensure that personal social media activities comply with the requirements of the Standards of
Conduct and as reflected in agency supplemental guidance (see ER-4.1a Use of Social Media by
FAA Employees).
8.
Safeguarding and Use of Information, Documents, and Records. Employees must ensure the
proper handling of Government records and must not disclose or discuss any sensitive unclassified
information (SUI) (see FAA Order 1600.75 Protecting Sensitive Unclassified Information
). SUI includes
any unclassified information, in any form (i.e., print, electronic, etc.) that must be protected from
uncontrolled/unauthorized release to persons inside or outside the FAA.
The FAA generally handles four types of information: For Official Use Only (FOUO); Sensitive Security
Information (SSI); Sensitive Homeland Security Information (SHSI); and Protected Critical Infrastructure
Information (PCII). Such information may not be released unless specifically authorized to do so, or as
required, on a "need-to-know" basis, in the proper discharge of official duties. Examples of such
information include drug and alcohol testing information (e.g., random testing schedules), EEO matters
(e.g., complaints, settlement/resolution agreements, etc.), Personally Identifiable Information (PII) or
information covered under the Privacy Act.
Classified information must not be disclosed to anyone who does not have the appropriate security
clearance, and does not have a need to know. Employees must immediately report any improperly stored
material. Employees who are not appropriately cleared, who do not have a “need to know,” and who have
not signed a non-disclosure agreement must not access to classified material in accordance with the
requirements set forth in E.O. 13526 Classified National Security Information (December 29, 2009),
and
also referenced on the Standard Form (SF) 312 - Classified Information Nondisclosure Agreement. For
additional information, see also
FAA Order 1600.2 Classified National Security Information.
In addition, employees must not:
a.
Divulge any official information obtained through or in connection with their Government
employment to any unauthorized person or organization.
b.
Release any official information in advance of the time prescribed for its authorized issuance.
c.
Use, or permit others to use, any official information for private purposes that is not available to
the general public.
d.
Remove official documents or records from files for personal or inappropriate reasons.
Falsification, concealment, mutilation or unauthorized removal of official documents or records, either
hard copy or automated, is prohibited by law. Any employee who knowingly provides inaccurate
information strikes at the heart of the employee-employer relationship and impeaches the employee’s
reliability, veracity, trustworthiness and ethical conduct. Employees occupying safety- or security-
sensitive positions and/or testing designated positions (TDP) are held to a higher standard when
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completing official documents directly related to the safety of the national airspace system (NAS),
such as FAA Form 8500-8, Application for Airman Medical Certificate or SF- 86, Questionnaire for
National Security Positions.
e.
Disclose any Personally Identifiable Information (PII) or information contained in Privacy Act
records, except as provided in FAA Order 1370.121 FAA Information Security and Privacy Program &
Policy, which implements the various laws, regulations and mandates as it relates to privacy within
the FAA. Individuals who demonstrate egregious disregard or a pattern of error in safeguarding PII
will have their authority to access information or systems removed.
9.
Safeguarding Public Funds. Employees whose duties involve the expenditure of public funds must
have knowledge of and observe all applicable legal requirements and restrictions. In addition, employees
are expected to be prudent and exercise sound judgment in the expenditure of such funds.
a.
Unauthorized commitments: Only contracting officers and other designated employees, acting
within the scope of their authority, may enter into contracts or other agreements and expend funds on
behalf of the Government. An agreement that is entered into by an FAA employee who does not have
the authority to enter into agreements on behalf of the FAA is an unauthorized commitment.
Unauthorized commitments are a serious violation of fiscal law and statutes. Persons who enter into
unauthorized commitments will be held accountable. Managers must make every effort to prevent
unauthorized commitments and must consider whether discipline is appropriate for an employee who
enters into an unauthorized commitment regardless of whether the procurement action is later ratified
(see Section 3.1.4 Contracting Authority of the Acquisition Management Policy, or Section T3.1.4
Delegations of the FAA Procurement Toolset Guidance).
b.
Personal services contracts: An employee cannot award or be involved in the award or
administration of personal services contracts unless specifically authorized in accordance with the
policy and guidelines contained in the FAA Acquisition Management System. Additionally, employees
must avoid all appearances of improper association with contract personnel. A personal services
contract is a contract that, by its expressed terms or as administered, establishes what is tantamount
to an employer-employee relationship between the Government and the contractor’s personnel. Such
a relationship is created when the Government exercises relatively continuous supervision and
control over the contractor personnel performing the contract (see Section 3.8.2.3 Personal Services
Contracts of the Acquisition Management Policy, or Section T3.8.2 Service Contracting of the FAA
Procurement Toolset Guidance). If a legal determination is required, contact the Office of Chief
Counsel.
c.
Disclosure of proprietary or source selection information: A procurement official or other
employee who is given authorized or unauthorized access to proprietary or source selection
information regarding procurement(s) must not disclose such information directly or indirectly to any
person other than a person authorized to receive such information by the Administrator or the
contracting officer. An employee, who does not know whether information is proprietary or source
selection information, or who does not know whether he or she may disclose or receive such
information, has an affirmative obligation to verify with the contracting officer or the Procurement
Legal Division whether the information is proprietary or source selection sensitive (see Section 3.1.6,
Disclosure of Information of the Acquisition Management Policy, or Section T3.1.6 Non-Disclosure of
Information of the FAA Procurement Toolset Guidance).
10.
Use of Federal Equipment, Property, Time, Funds and Personnel. FAA equipment, property,
time, funds/Governmental monies or personnel, including but not limited to stenographic, typing and word
processing assistance, computer hardware, software, telecommunication capabilities, cellular
communication devices and services, tablets, duplicating services, mail services (internal and external) or
chauffeur services are for official FAA business, or officially approved or sponsored activities. Except, the
FAA authorizes limited or incidental personal use of its systems, internet, email or office equipment in
accordance with FAA Order 1370.121 FAA Information Security and Privacy Program & Policy, Appendix
33 – Limited Personal Use.
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a.
Telephones: Government telephones, including facility interphones, are provided for use in
conducting official business. Employees are occasionally permitted to make authorized personal calls
that are considered necessary in the interest of the Government. (For examples of authorized
personal calls, see FAA Order 1830.8 Federal Telecommunications System Calling Cards and
General Government Telephone Usage.)
b.
Personal mail: Employees may not have their personal mail directed to their place of
employment; i.e., FAA owned or leased facility (see FAA Order 1770.11 Mail Management Standards
and Procedures).
Note: Exceptions to this restriction may be granted by managers who, in unusual circumstances
such as when an employee is on travel over 50 percent of the time or for employees in an overseas
post of duty, determine an exception is appropriate.
c.
Government mail: The use of U.S. Government-furnished postage, either metered or stamps,
for personal benefit or advancement, including application for a Federal position, is prohibited by 18
U.S.C. § 1719. Additionally, the use of other mailing services for personal use and paid for by the
FAA is prohibited. Employee organizations and their members are also prohibited from using
Government or FAA paid mailing services to distribute organizational information or conduct
organizational business.
d.
Government contractor-issued travel cards: Employees are prohibited from using the
Government contractor-issued travel card for personal use. Employees must seek reimbursement of
legitimate official business expenses within five working days after completion of a trip or period of
travel, or at least once every 21 calendar days if the employee is on continuous travel status. Prompt
payment of account balances is mandatory in order to avoid delinquency and embarrassment to the
FAA.
Misuse of the travel card includes, but is not limited to (see DOT’s Travel Card Management Policy
):
•
Failure to timely file a travel voucher resulting in delinquency;
•
Failure to pay account balance after reimbursement;
•
Obtaining travel advances that exceed expected expenditures;
•
Personal use to include ATM withdrawals;
•
Delinquency in excess of 60 days;
•
Inappropriate purchases of wireless cell devices/services;
•
Failure to report the loss of the travel card; and
•
Failure to safeguard the Government contractor-issued travel card or PIN resulting in
unauthorized use.
e.
Government purchase card: All cardholders are responsible for executing proper card
transactions within assigned dollar thresholds and in accordance with applicable procedures. The
cardholder must safeguard the purchase card and card number and assure that all transactions are
supported by appropriate documentation. The cardholder and approving officials are responsible for
assuring that the purchase card is not used for prohibited purchases (see T3.2.6 Purchase Card
Programs of the FAA Procurement Toolset Guidance for in-depth information about the use of the
purchase card).
f.
Computers: All internet and electronic media access (using Government supplied resources)
must be consistent with the FAA user’s assigned duties and responsibilities (i.e., where required by
bona fide duties of the employee’s position), or consistent with the official business interests of the
FAA. Incidental, non-government use of the internet and Government-owned computers is
permissible as long as such use does not interfere with official business and involves minimal
additional expense to the Government. Such incidental use must not violate any Federal law and/or
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FAA rules, regulations or policies (see 5 CFR 2635, Standards of Ethical Conduct for Employees of
the Executive Branch, Subpart G, FAA Order 1370.121 FAA Information Security and Privacy
Program & Policy, and ER-4.1a Use of Social Media by FAA Employees). All employees are subject
to unannounced periodic monitoring to assure that the employee is not engaging in any activity that
would discredit the FAA.
Non-permissible use includes, but is not limited to:
•
Seeking, transmitting, collecting or storing defamatory, discriminatory, sexually oriented, or
harassing material;
•
Propagating chain letters or broadcasting inappropriate or unsolicited messages;
•
Concealing or misrepresenting user identity or affiliation;
•
Using FAA resources for commercial purposes, financial gain or in support of outside
individuals or entities; or
•
Engaging in unauthorized fundraising, lobbying or political activities; etc.
g.
Passenger carriers: Employees who willfully use or authorize the use of passenger carriers for
other than official business will be suspended for at least one month or longer as warranted, or
summarily removed from their position and the Federal service, as mandated by 31 U.S.C. § 1349
(b). Passenger carriers include a motor vehicle, aircraft, boat, ship or other similar means of
transportation owned or leased by the U. S. Government. Employees will also be held accountable for
inadvertent misuse of a Government vehicle. In these instances, discipline will be applied in
accordance with the Table of Penalties for misuse of Government property (see FAA Order 4600.27
Personal Property Management, for the references to information pertaining to the authorized use of
a motor vehicle).
11.
Observing Safety Regulations. Employees must observe all rules, signs and instructions relating to
personal safety in the workplace (see FAA Order 3900.19 Occupational Safety and Health Program
). In
addition to avoiding accidents, employees must report potentially unsafe or unhealthful working conditions
and/or practices to their manager or the appropriate safety and health official, and cooperate fully with
agency safety staff.
Employees must observe the following safety precautions in facilities or locations where agency business
is conducted or where services or operations are performed:
a.
Report an accident involving injury to persons or damage to property or equipment.
b.
Use protective clothing or equipment when required (e.g., use a safety climbing device when one
is provided).
c.
Refrain from behavior that may endanger the safety of, or cause injury to, personnel or damage
property or equipment through negligence, dangerous horseplay and/or threatening or violent
behavior.
d.
Wear a safety/seat belt while operating or occupying a motor vehicle while on official Government
business. This includes operating a privately-owned vehicle (POV), Government-owned vehicle
(GOV) and contract or leased vehicle (see DOT Order 3902.9 (series) Safety Belt Management
Program).
e.
Use a hands-free device when using a cell phone while operating a government-owned, leased or
rented vehicle, or any other vehicle (including a privately-owned vehicle) while on official Government
business, regardless of whether it is required by state law or in keeping with requirements of the
District of Columbia. Abstain from any other unsafe activity while driving a government vehicle, such
as text messaging.
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f.
Report unsafe air traffic occurrences (i.e., accidents or incidents) or safety violations, through
direct involvement or observation.
g.
Evacuate the premises during a fire alarm/drill or other order to vacate a work site. Abide by the
directions of the floor or area warden, safety, security or management official.
12.
Absence and Leave.
a.
Attendance at work and approvals to use paid/unpaid leave or paid time off: Employees
are expected to be dependable and reliable in attendance. Unplanned and frequent absences
negatively impact the mission of the FAA and cause disruption to the workplace. Employees must
schedule and use available paid leave and paid time off in accordance with established procedures.
Employees must obtain prior approval of all absences from duty including leave without pay (LWOP).
Employees are required to contact their manager, normally within one hour of the employee’s
scheduled start time, to request and explain the need for unscheduled leave. Excessive unplanned
absences negatively reflect on the employee's dependability and reliability.
b.
Use of sick leave: Sick leave cannot be granted for rest, minor inconvenience or in place of
annual leave. However, an employee who becomes ill or injured while on approved annual leave may
substitute sick leave (see LWS-8.1, paragraph 11a
). Employees must provide sufficient information
why sick leave is needed so the manager can determine whether the requested leave can be
granted. Failure to provide adequate information will result in denial of the leave. Evidence of frequent
unscheduled and/or questionable use of sick leave without medical documentation may result in the
employee being placed under the terms of a leave restriction and/or charges of absence without
leave (AWOL), and/or failure to follow leave requesting procedures. In accordance with the guidelines
outlined in the
Human Resource Policy Manual (HRPM), Volume 8: Leave and Work Schedules, any
absence that is not approved will be charged as AWOL.
c.
Tardiness: Tardiness includes delay in reporting to work at the employee’s scheduled starting
time, returning late from lunch or scheduled break periods and overdue return to the employee’s work
site after leaving the work station on official business. Unexplained and unauthorized tardiness is
prohibited and will be charged to AWOL which can be recorded in one-minute increments. Also,
employees will be charged AWOL for unauthorized early departures from the workplace.
13.
Giving Statements and/or Testimony.
a.
It is the duty and requirement of every employee to give oral and/or signed statements, as
directed, to any manager, Special Agent or DOT official conducting an investigation, inquiry or
hearing in the interest of the agency. Such statements must be complete and truthful.
b.
When directed by the Administrator (or his/her authorized representative), an employee must take
an oath or make an affirmation about his/her testimony or written statement before an agent
authorized by law to administer oaths, and the employee must, if requested, sign his/her name to the
transcript of testimony, affidavit or written statement which the employee provided. No employee may
refuse to testify or provide complete and truthful information pertinent to matters under investigation
or inquiry.
c.
All employees must give complete and truthful information in response to requests received from
Congress, the General Accounting Office, the Office of the Inspector General, the Office of Personnel
Management or other duly authorized investigative bodies, regarding matters under their jurisdiction.
It is FAA policy to fully cooperate with such bodies in the public interest. If the inquiry concerns the
employee’s front-line manager, employees must notify their middle or senior manager of any such
request.
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d.
Employees will produce any documentation held by the employee relative to any inquiry or
investigation. Employees may not discuss their statements or testimony unless permitted by an
authorized official.
14.
Letters and Petitions to Congress. The use of appropriated funds to influence the consideration of
legislation is prohibited by statute (18 U.S.C. § 1913
). However, the right of employees, either individually
or collectively, to petition Congress or any member, or to furnish information to any committee or member
of Congress is provided by law. While the FAA desires that employees seek to resolve any problem or
grievance within the agency, any employee exercising the right to correspond with a member of Congress
must be free from restraint, reprisal or coercion. Employees may not use agency facilities, supplies,
equipment, personnel and/or duty time to contact a Congressional committee or member of Congress.
This includes oral, written and electronic communications.
15.
Recording or Monitoring of Telephone Calls or Covert Recording, Videotaping or Monitoring of
Conversations, Meetings, etc.
a.
Monitoring phone calls: Telephone eavesdropping is prohibited. Advance notice must be given
whenever another individual is placed on the line for any purpose whatsoever. An advance verbal
warning must be given when an automatic recording device or a speaker telephone is used. The use
of recording devices, portable or otherwise, on telephones must be for official purposes and generally
limited to areas involving air safety such as accident investigations, near-collision reporting, etc. (see
FAA Order 1600.24 Listening-in to or Recording of Conversations on Telephones or
Telecommunications Systems).
b.
Unauthorized recordings: Employees, in the conduct of their official duties, may not use, aid in
the use of, or ignore the improper use of, recording, videotaping or monitoring equipment of any kind.
Conversations are only recorded for official purposes, and only with the knowledge and consent of all
those being recorded.
Covert/secret taping, either audio or video, of any conversation or meeting occurring at the workplace
or conversation or meetings off-site that deal with workplace issues and matters of official concern
are prohibited. Examples of such meetings are promotion interviews, EEO meetings with a counselor
or investigator, meetings between a manager and a subordinate, etc. This prohibition applies
regardless of individual state laws which may permit covert/secret tape recording.
c.
Authorized recordings: The prohibitions do not preclude the use of normal or standard types of
recording equipment used openly in areas involving air safety or official investigations, or under
circumstances wherein the prior concurrence of all parties is clearly and specifically indicated and
understood.
d.
Photography: In accordance with FAA Order 1600.69 FAA Facility Security Management
Program, Paragraph 4-2-12, photography will not be permitted on or within an FAA facility. The
Facility Manager must coordinate with the Regional Servicing Security Element (SSE) prior to
allowing permission of any photography at an FAA facility.
16.
Defamatory or Irresponsible Statements. While FAA encourages freedom of expression,
employees are accountable for the statements they make and the views they express. Employees must
not make irresponsible, false, disparaging, disrespectful or defamatory statements which attack the
integrity of individuals or organizations, or disrupt the orderly conduct of official business, nor may they
make statements urging or encouraging other employees to act or speak irresponsibly, or to commit
unlawful acts in work-related forums or where the persons identifies him/herself as an FAA employee
(see ER-4.1a Use of Social Media by FAA Employees
). Remarks made in any forum regardless if made
in connection with work or by a person identified as an FAA employee that disrupts the workplace can
lead to a disciplinary or adverse personnel action.
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17.
Workplace Violence. Violent, threatening, harassing and/or confrontational behaviors in any form, at
the workplace, are unacceptable and will not be tolerated. Threatening behavior may include harassment
in the form of intimidation, or any oral and/or written remarks or gestures that communicate a direct or
indirect threat of physical harm, or otherwise frightens, or causes an individual concern for their personal
safety. Such inappropriate behavior may include, but is not limited to:
•
Pushing
•
Poking
•
Physically crowding
•
Stalking
•
Fist shaking
•
Throwing objects regardless of the target of the object being thrown
•
Name calling, obscene language or gestures
•
Any other intimidating or abusive action which creates a fearful environment and apprehension of
harm
Employees and managers are responsible for enforcing the highest standards of personal safety and
welfare at the workplace. Consequently, employees must immediately report threats of violence, violent
incidents, dangerous horseplay, irrational or other inappropriate behavior to their managers.
18.
Possession of Firearms. Generally, employees, while in or on FAA/GSA-owned or leased property,
to include Government and personal vehicles, must not carry or have in their possession, privately owned
firearms or other weapons unless authorized by the FAA to do so. This prohibition applies regardless of
individual state laws, or requirements set forth by U.S. territories or possessions, or of the District of
Columbia which may permit the carrying of firearms. Under some circumstances, outlined in FAA Order
1600.69 FAA Facility Security Management Program, Paragraph 4-2-10, employees in the Alaskan
Region may possess weapons in connection with their official duties, such as survival and/or emergency
firearms in an operational area, or may possess weapons in connection with their occupancy of
permanent or transient FAA housing within the Alaskan Region.
19.
Drugs and Alcohol.
a.
Testing designated positions: DOT Order 3910.1 (series) Drug and Alcohol-Free
Departmental Workplace Program provides information on the drug and alcohol program and
specifically identifies those FAA positions designated as a Testing Designated Position (TDP).
Employees occupying a TDP, who inappropriately or illicitly use substances, on or off the job, place
their jobs in jeopardy. This includes arrest for drug and alcohol related crimes, such as driving under
the influence. Employees must avoid this kind of off-duty behavior since it indicates irresponsibility
and lack of judgment and is incompatible conduct while occupying a TDP.
b.
Inappropriate or illicit use of illegal or legal substances: The FAA is concerned with the
decision of any employee who inappropriately or illicitly uses illegal and legal substances. Illegal
substances include, but are not limited to, cocaine, marijuana, opiates, amphetamines and
phencyclidine. This prohibition applies regardless of any state (including the District of Columbia) law
which may permit legal use of marijuana. Legal substances include alcohol, prescription and over-
the-counter (OTC) medications. These substances can adversely affect the employee’s work
performance and/or conduct and have an adverse impact on the employee’s credibility.
c.
Alcohol: Alcoholic beverages are prohibited on any FAA owned or leased property.
d.
Standards and requirements for maintaining safety of the National Airspace System: As
an employer with responsibility for aviation safety, the FAA is especially concerned when an
employee’s actions could affect the safety or security of the National Airspace System (NAS) and/or
the flying public. The confidence of the flying public depends upon absolute trust in the integrity of the
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air transportation system. The FAA must be sure that employees are operating without the constraint
of drugs or alcohol, or the consequences of abuse, such as a hangover. Employees occupying
safety- or security-sensitive positions must report an arrest for an alcohol or drug-related infraction
before the start of their next scheduled work shift and, in addition, safety-sensitive employees must
report such an infraction within 48 hours to the Regional Flight Surgeon. Additionally, employees
occupying safety-sensitive duties must immediately report to their manager any use of prescription
and OTC drugs that will interfere with their ability to safely perform their duties. The FAA will not allow
any employee known to inappropriately or illicitly use substances to perform any safety- or security-
sensitive duties until the FAA has determined that such an employee is no longer a risk to public
safety or national security.
20.
Eliminating Discrimination and Creating a Model EEO Program.
a.
Non-Discrimination policy: The Department of Transportation and the FAA prohibit
discrimination against anyone on the basis of race, color, national origin, religion, age (40 and over),
sex (including pregnancy and gender identity), genetic information, disability, sexual orientation, or
reprisal for participating in protected EEO activity. In addition, the Administrator's Non-Discrimination
Policy Statement states that the FAA has a zero tolerance policy with respect to any form of
discrimination and that a disciplinary or adverse personnel action may be taken against any employee
found to have engaged in discriminatory conduct. This includes discrimination based on veterans’
status, a violation of the Uniformed Services Employment and Reemployment Rights Acts
(USERRA), whistleblower retaliation, and other such protected activities under their governing laws
and regulations.
(1)
Model EEO Program: The FAA is committed to providing a work environment where
unlawful discrimination is eliminated and where the contributions of all employees are
supported and encouraged without regard to non-merit factors. To facilitate this effort, the
FAA developed the Model EEO Program that directly supports the FAA Strategic Initiatives.
The precepts outlined in the Model EEO Program (see FAA Order 1400.8 Federal Aviation
Administration (FAA) Equal Employment Opportunity (EEO) Program) are applicable to all
employees. All conduct must be appropriate and supportive of a hospitable and productive
work environment. For instance, discriminatory conduct, the making of disparaging remarks,
expressing stereotypical views or displaying and/or distributing offensive material are
prohibited in the workplace.
(2)
Managerial accountability and responsibility: Every level of management is required to
provide positive leadership and support for the agency’s EEO policies and programs through
ensuring that all agency programs, practices and activities are developed and administered in
accordance with pertinent laws and agency policy prohibiting discrimination. Managers must
not engage in unlawful discrimination or inappropriate behavior in carrying out their authority
to take, direct others to take, recommend or approve any personnel action with respect to
employees and applicants. Managers are responsible for taking proactive steps to create and
maintain a workplace that is hospitable and free of discrimination, intimidation and other
offensive behaviors and materials. Managers will be held accountable if they fail to take
appropriate action to correct intimidating and offensive activity in the workplace.
b.
Coercion or retaliation: It is a violation of FAA policy to coerce, threaten, retaliate against, or
interfere with any person in the exercise of rights prescribed under Title VII of the Civil Rights Act of
1964, as amended. Employees must not be subject to retaliation for making a charge of
discrimination, giving testimony, assisting, or otherwise participating in a complaint of discrimination;
nor will an employee be retaliated against for filing an EEO complaint or grievance or participating in
the grievance process, or addressing his/her concerns through the Accountability Board (see FAA
Order 1110.125 Accountability Board), Administrator’s Hotline, Inspector General complaint, etc.
Human Resource Policy Manual (HRPM)
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21.
Sexual Harassment and Misconduct of a Sexual Nature. As an employer, the FAA is committed to
providing a workplace that is free of sexual harassment or misconduct of a sexual nature. All employees
have a right to work in an environment where they are treated with dignity and respect.
a.
Sexual harassment: Sexual harassment, pursuant to 29 CFR §1604, exists when unwelcome
sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature
occurs and:
(1)
Submission to such conduct is made either explicitly or implicitly a term of an individual's
employment,
(2)
Submission to or rejection of such conduct by an individual is used as the basis for
employment decisions, or
(3)
Such conduct has the purpose or effect of unreasonably interfering with an individual's work
performance or creating an intimidating, hostile or offensive working environment.
b.
Misconduct of a sexual nature: This is conduct that may not rise to the statutory definition of
sexual harassment, but is nonetheless inappropriate for the workplace and will not be tolerated. For
instance, viewing, sharing, forwarding and/or printing material of a sexual nature from the internet is
inappropriate.
c.
Misconduct in violation of the agency's policy: All employees have a responsibility to behave
in a proper manner and to take appropriate action to eliminate sexual harassment or other
misconduct of a sexual nature in the workplace. The FAA established the Accountability Board which
addresses sexual misconduct exhibited in the workplace (see FAA Order 1110.125 Accountability
Board). Examples of actions which are considered in violation of the agency's policy include, but are
not limited to:
•
Sexual teasing, jokes, remarks or questions
•
Sexually suggestive/offensive looks, leering, ogling, staring at a person's body, or sexually
suggestive/offensive gestures or actions
•
Unwelcome letters, cards, email messages and/or telephone calls
•
Posting, distributing, showing, viewing, accessing through the internet or other electronic
media sources, materials of a sexual nature. Sexually explicit materials are prohibited at the
worksite, regardless of whether or not a specific complaint is filed.
•
Pressure for dates
•
Inappropriate physical touching
•
Promise of benefit in exchange for sexual favors
•
Threat or act of reprisal for refusal to provide sexual favors
22.
Political Activity. It is the right of all employees to vote as they choose and to express their opinions
on all political subjects and candidates as specifically authorized in the Hatch Act (5 U.S.C. § 7321
).
However, employees are responsible for acquainting themselves with restrictions on partisan political
activity and for not engaging in prohibited actions. Any political activity that is prohibited in the case of an
employee acting independently is also prohibited in the case of an employee acting in cooperation with
others or through an agent. Employees are accountable for political activity by persons other than
themselves, including spouses, if the employee is using that person to accomplish indirectly what the
employee cannot do directly and openly. This does not mean that an employee's spouse may not engage
in politics independently upon his or her own initiative and in his or her own behalf (see
5 U.S.C. §§ 7321-
7326, or 5 CFR Parts 733 and 734). Employees are encouraged to contact the Office of Special Counsel
to seek an advisory opinion whether any activity could be construed as a violation of the Hatch Act.
23.
Holding Office in State or Local Government. Employees are prohibited from running for the
nomination or as a candidate for a local partisan political office, except as expressly provided in 5 U.S.C.
Human Resource Policy Manual (HRPM)
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§ 7325. Because of the unique interrelationship between the FAA and local and state government,
employees are urged to seek the advice of their servicing Regional or Center Counsel and/or an agency
designated ethics counselor to help determine if a particular office represents a real or apparent conflict of
interest. Employees who hold local or state office must observe both the letter and spirit of the prohibition
on active participation in partisan politics.
24.
Subversive Activity. In accordance with 5 U.S.C. §§ 7311-7313, an employee must not advocate or
become a member of any organization which advocates the overthrow of the constitutional form of
Government of the United States, or which seeks by force or violence to deny other persons their rights
under the Constitution of the United States.
25.
Striking. Employees must not engage in or encourage another Federal employee to engage in a
strike, work stoppage, work slowdown, or sickout involving the Federal Government (see 5 U.S.C. § 7311
and 18 U.S.C. § 1918).
26.
Canvassing, Soliciting or Selling. Employees must not engage in private activities for personal or
non-personal financial gain or any other unauthorized purpose while on Government owned or leased
property, nor may Government time, personnel or equipment be used for these purposes.
a.
Prohibited activities: This prohibition applies specifically, but is not limited to, such activities as:
(1)
Canvassing, soliciting or selling, particularly for personal or private monetary gain. This
prohibition also applies to such efforts for charities, schools, etc., except when directly linked
to the agency-wide Combined Federal Campaign or other Government-wide sanctioned
efforts (i.e., Toys-For-Tots and Feds Feeds Families) each year.
(2)
Canvassing or soliciting membership, except as authorized in connection with organized,
sanctioned employee groups.
(3)
Soliciting contributions from other employees for a gift to anyone in a superior official position
in violation of FAA Order 3750.7 (series) Ethical Conduct and Financial Disclosure Program.
This prohibited activity applies on or off Government premises. However, this prohibition does
not apply on occasions of special significance (e.g., retirement, marriage) as long as the
contribution is voluntary and a nominal amount (see
5 CFR, Part 2635, Standards of Ethical
Conduct for Employees of the Executive Branch, relating to gifts between employees).
b.
Permissible activities: This prohibition does not apply to:
(1)
Activities that are expressly authorized by appropriate authority.
(2)
Soliciting contributions for charitable, health, welfare and similar organizations as authorized
by appropriate authority (e.g., Combined Federal Campaign).
(3)
Those activities of voluntary groups of Federal employees commonly accepted as normal
social, welfare or recreational functions of such groups, subject to applicable regulations and
agency policy.
(4)
A spontaneous, voluntary collection of nominal amounts from fellow employees for an
employee in connection with marriage, birth of a child, illness, retirement or as an expression
of condolence, or other significant life activity.
27.
Borrowing and Lending Money. Managers cannot borrow money from subordinates, nor have a
subordinate act as an endorser or co-signer of a note given as security for a personal loan. Neither can
an employee lend money to any other employee, superior official or peer, for the purpose of monetary
profit or other gain. These prohibitions do not apply to the operation of recognized credit unions or to
employee welfare programs.
Human Resource Policy Manual (HRPM)
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Effective 06/05/2017
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28.
Accepting Notarial Fees. An employee who is a notary public cannot charge or receive fees for
performing notarial acts in connection with his or her official duties. The prohibition on acceptance of fees
does not apply to notarial acts performed in an unofficial capacity during off-duty hours and off
Government-controlled property.
29.
Meeting Financial Obligations. All employees are expected to discharge their just financial
obligations, especially those such as Federal, state or local taxes. Employees are also expected to honor
all other valid debts, including personal commercial debts, Government contractor-issued travel card
debts, claims based on court judgments, Federally insured student loans and tax delinquencies, and to
make and adhere to arrangements for settlement of debts.
30.
Accepting Gifts. With certain exceptions, the Standards of Ethical Conduct for Employees of the
Executive Branch, prohibits employees from accepting any gifts, favors, gratuities, or any other thing of
monetary value, including free transportation, from any person or company that is subject to FAA
regulations, that has or is seeking to have contractual relations with the FAA, or that has interests that
might be affected by the performance or non-performance of the duties of the particular employee. See
FAA Order 2700.20 Gifts and Bequests, and FAA Order 3750.6 No-Charge Transportation Provided by
State and Local Government Agencies for Official Travel by FAA Employees, for additional information.
31.
Outside Employment and Financial Interests. Employees must comply fully with the letter and
spirit of the guidance and information relating to outside employment and financial interests contained in
FAA Order 3750.7 (series) Ethical Conduct and Financial Disclosure Program,
and in DOT Supplemental
Regulations, 5 CFR, Part 6001, Supplemental Standards of Ethical Conduct for Employees of the
Department of Transportation.
32.
Reporting Violations. As mandated under paragraph 7 above and FAA Order 1600.38 Employee
and Other Internal Security Investigations, it is the duty of every employee to report any known or
suspected violation of law, regulation or policy to their manager, their Security Servicing Element (SSE),
the Administrator’s Hotline, or the Inspector General, etc. Employees are obligated to preserve
information and evidentiary items that may relate to the suspected violation and to release such
information as directed. Failure to report a violation may result in discipline unless the failure to report is
justified by applicable law. In rare instances, when reporting a violation of sexual harassment, misconduct
of a sexual nature or other discriminatory behavior through the managerial chain is not feasible, the
employee must notify the Accountability Board (see
FAA Order 1110.125 Accountability Board).
Related Information
Policies
•
ER-4.1a Use of Social Media by FAA Employees
•
ER-4.2 Maintaining Discipline
•
LWS-8.1 Sick Leave for Personal Medical Needs
•
FAA Order 1110.125 Accountability Board
•
FAA Order 1370.121 FAA Information Security and Privacy Program & Policy
•
FAA Order 1400.8 Federal Aviation Administration (FAA) Equal Employment Opportunity (EEO)
Program
•
FAA Order 1600.1 Personnel Security Program
•
FAA Order 1600.2 Classified National Security Information
•
FAA Order 1600.24 Listening-in to or Recording of Conversations on Telephones or
Telecommunications Systems
•
FAA Oder 1600.38 Employee and Other Internal Security Investigations
•
FAA Order 1600.69 FAA Facility Security Management Program
•
FAA Order 1600.75, Protecting Sensitive Unclassified Information
•
FAA Order 1830.8 Federal Telecommunications System, Calling Cards and General Government
Human Resource Policy Manual (HRPM)
ER-4.1 Standards of Conduct
Effective 06/05/2017
Page 17 of 17
Telephone Usage
•
FAA Order 2700.20 Gifts and Bequests
•
FAA Order 3750.6 No-Charge Transportation Provided by State and Local Government Agencies
for Official Travel by FAA Employees
•
FAA Order 3750.7 (series) Ethical Conduct and Financial Disclosure Program
•
FAA Order 3900.19 Occupational Safety and Health Program
•
FAA Order 4600.27 Personal Property Management
•
FAA Acquisition Management Policy
•
FAA Procurement Toolset Guidance
•
DOT’s Travel Card Management Policy
•
DOT Order 3902.9c (series) Safety Belt Management Program
•
DOT Order 3910.1 (series) Drug and Alcohol-Free Departmental Workplace Program
Human Resources Operating Instructions
•
Table of Penalties
Laws and Regulations
•
Title 5, United States Code (U.S.C.), Chapter 73, Suitability, Security and Conduct
•
5 Code of Federal Regulations (CFR), Part 2635, Standards of Ethical Conduct for Employees of
the Executive Branch
•
5 Code of Federal Regulations (CFR), Part 733, Political Activity – Federal Employees Residing
in Designated Localities
•
5 Code of Federal Regulations (CFR), Part 734, Political Activities of Federal Employees
•
5 Code of Federal Regulations, Part 6001, Supplemental Standards of Ethical Conduct for
Employees of the Department of Transportation
•
E.O. 12731 Principles of Ethical Conduct for Government Officers and Employees
•
E.O. 13526 Classified National Security Information (December 29, 2009)
Websites
•
Office of Special Counsel
Revision History Log
Date
Revision
September 28, 2015
Pen & Ink to remove reference to the Human Resources Operating
Instruction (HROI) – Drugs and Alcohol in Paragraph 15c
July 1, 2008
Amended to enhance and clarify various policy statements and to add
policy statements.
September 29, 2006
Paragraph 16 revised from Model Work Environment (MWE) to Model
EEO Program in compliance with EEOC MD-715 requirements however
effective date was maintained as 08-11-2000.
August 11, 2000
HRPM ER-4.1 established
