Strengthening Probationary Periods in the Federal Service
This Executive Order revises how federal probationary and trial periods work. It creates a new Civil Service Rule XI that requires agencies to affirmatively certify that a new employee’s continued employment is in the public interest before that employee becomes a tenured (fully finalized) federal employee. If the agency does not certify, the employee’s service ends automatically at the close of the probationary or trial period. The order also removes an existing regulatory limitation (subpart H of 5 C.F.R. part 315) and directs the Office of Personnel Management (OPM) to issue conforming rules. The purpose is to make agencies use probation and trial periods more actively to screen out poor performers. Practically, the order shifts the default from automatic conversion to tenure toward agency discretion and affirmative action, establishes timelines and review steps agencies must follow, limits appeal routes to procedures OPM will set, and gives agencies a 30-day administrative fix option if they fail to certify due to error.
Key Points
- 1Agencies must affirmatively certify in writing that a probationary or trial employee’s continued employment “advances the public interest” before finalizing their appointment; absent certification the employee’s service terminates at the end of the probationary/trial period (Civil Service Rule XI, §11.5).
- 2The order replaces prior regulatory guidance (subpart H of 5 C.F.R. part 315) and removes a related Civil Service Rule provision; OPM must rescind subpart H and issue conforming amendments within 30 days.
- 3New procedural requirements for agencies: within 15 days identify affected probationers/trial employees ending ≥90 days out; designate evaluators; meet with employees at least 60 days before the end of the period to discuss performance; make a decision within 30 days after the period ends; and provide a written certification before finalizing appointments (Sec. 5).
- 4Appeals are limited to procedures the OPM Director may prescribe; the order states such appeals (as set by OPM) will be the sole and exclusive means to challenge terminations during these periods, except as otherwise required by law (Rule XI, §11.6).
- 5Employees bear the burden of showing why they should be finalized; agencies may consider performance, agency needs, organizational goals, and efficiency at their “sole and exclusive discretion.” Agencies can petition OPM to reinstate an employee if failure to certify was due to an administrative error (30-day window).