Protecting VA Employees Act

This bill modifies procedures related to removals, demotions, suspensions, and disciplinary and grievance procedures for certain employees of the Department of Veterans Affairs (VA).

The bill provides that employees of the VA must be treated the same as other federal employees in procedures for removals, demotions, or suspensions based on performance or misconduct. Specifically, the bill repeals certain provisions that implemented separate procedures for the removal, demotion, or suspension of VA employees based on performance or misconduct. The provisions repealed by the bill do not apply to senior executives, appointees in the Veterans Health Administration (VHA), political appointees, or individuals who have not completed a probationary or trial period.

The bill also restores certain disciplinary and grievance procedures for certain appointed VHA personnel, specifically physicians, dentists, podiatrists, chiropractors, optometrists, registered nurses, physician assistants, and expanded-function dental auxiliaries. Specifically, the bill (1) reauthorizes individuals who are covered by a collective bargaining agreement to elect whether to proceed with a case via collective bargaining procedures or through the VA grievance procedures; and (2) restores the timing of the administration of cases regarding major adverse actions and other cases brought against specified VHA appointed positions, including to require the deciding official to render a decision within 21 days of receipt of the employee’s answer to a major adverse action charge.

Summary by the Congressional Research Service.