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Phone: (803) 737-0900
  • SC Code of Laws § 8-11-110 and § 8-11-230 (6)


  • SC Code of Laws §§ 44-107-10 through 44-107-90


  • State HR Regulations Section 19-717 and Section 19-710.04 B. 5.


  • Progressive Discipline Model Policy, January 30, 1996 Adobe Acrobat



  • General Information

    Q: What should precede any disciplinary action?

    A: Whenever possible, coaching and counseling should precede any
    disciplinary action.

    Q: What types of disciplinary actions are typically included in an agency's
    progressive discipline policy?


    A: The types of disciplinary actions typically included in an agency's
    progressive discipline policy are oral reprimand, written reprimand,
    suspension, and termination. An agency may also use reassignments,
    reclassifications, unclassified State title changes, and demotions as types of
    disciplinary actions.

    Q: Does an agency’s progressive discipline policy apply to probationary
    employees?


    A: Because probationary employees do not have grievance rights, agencies
    should not apply their progressive discipline policy with probationary
    employees.

    Q: When documenting a disciplinary action for an employee, what elements
    should be included in the written documentation?


    A: With progressive discipline, the documentation a disciplinary action
    should generally include the following items:
  • Facts;

  • define the problem based on facts, including any past disciplinary
    problems; Objectives - define what must be done to correct the problem or what
    the desired behavior is;

  • Solutions - indicate the resources that will be provided to help the
    employee achieve the desired behavior;

  • Actions - state the consequences of not correcting the behavior and the
    time limit within which the problem is to be corrected.


  • This statement, usually in the form of a letter, should also include the
    effective date of the action.

    Q: Should an agency document oral reprimands?

    A: Oral reprimands should be documented, and the documentation should be
    signed by both the employee and the supervisor.

    Q: Should disciplinary actions be documented in an employee’s personnel
    file?


    A: An agency should generally include documentation of disciplinary
    actions in an employee’s personnel file.

    Q: What happens if an employee refuses to sign documentation of a
    disciplinary action?


    A: If the employee refuses to sign, a notation of this should be made on
    the documentation. If possible, a witness should sign to acknowledge that the
    employee refused to sign the documentation.

    Q: What are the issues that an employer should consider before disciplining
    an employee with an alcohol abuse problem?


    A: Before taking disciplinary action, agencies should refer to their
    progressive discipline policy, the Act on Alcoholism, and the American with
    Disabilities Act. Refer to SC Code of Laws § 8-11-110 and § 44-107-10 through
    90 (Drug Free Workplace Act), the State HR Regulations Section 19-710.04, B.
    5.and the Omnibus Transportation Employee Testing Act of 1991 (for employees
    with a commercial driver's license).


    Progressive Discipline Policy Approval and Review

    Q: Who must approve an agency’s progressive discipline policy?

    A: The Office of Human Resources must approve an agency’s progressive
    discipline policy.

    Q: When does an approved progressive discipline policy become
    effective?


    A: The approved policy does not become effective until employees receive
    actual notice of any revisions to the policy, including a date for
    implementation.



    THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THIS DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT.