Protect Our Probationary Employees Act
H.R. 1989, the Protect Our Probationary Employees Act, would make a temporary change to how federal probationary periods are handled for certain workers who were involuntarily separated during probation and then reinstated. If someone in an Executive agency was terminated while serving a probationary or trial period and is later rehired into a similar role, the new probationary period would be shortened to reflect time already served in their previous probation. Specifically, the length of the new probation would equal the difference between the length that would apply to the new appointment and the time they previously spent in a probationary period (not exceeding the new appointment’s total probation length). The act is temporary, with a sunset date of January 20, 2029. It also provides definitions to clarify who qualifies and how “covered appointment” and related terms are determined, and it overrides other laws where necessary to implement this policy. In practice, this could reduce or adjust the time a reinstated employee must serve to complete probation, based on prior probation time, and would apply only to those who were involuntarily separated during the eligible window and then reinstated into a similar position.
Key Points
- 1Purpose and effect: Allows reinstated federal employees who were terminated during a probationary period to resume a probationary period, with the remaining duration reduced by time already served in the previous probation, to the extent allowed by the statute.
- 2Eligibility window: Applies to individuals involuntarily separated from federal service during January 20, 2025, through the sunset date (January 20, 2029).
- 3Calculation method: The new probation period equals the difference between the length that would apply to the new appointment and the time already served in the prior probation, limited so it cannot be negative (i.e., if time served meets or exceeds the new probation length, the remaining probation could be zero).
- 4Definitions and scope: Clearly defines “covered probationary employee,” “covered appointment,” “former employing agency,” and “previous federal position,” and ties eligibility to a similar or the same position in the former employing agency.
- 5Sunset and temporary nature: The act terminates on January 20, 2029, making this a temporary policy adjustment rather than a permanent change.