Strengthening Probationary Periods In The Federal Service

Probationary and trial employees will no longer automatically gain continued federal employment when their review periods expire. Agencies must certify that retaining them advances the public interest.

What the order does ​

• Requires written agency certification during the final 30 days of a probationary or trial period to retain an employee.
• Automatically terminates an employee at the period’s end if the agency does not certify continued employment.
• Directs agencies to assess performance, conduct, agency needs, organizational goals, and government efficiency.
• Requires agencies to identify covered employees, designate evaluators, and, when practicable, conduct review meetings at least 60 days before each period ends.
• Replaces existing probation rules with Civil Service Rule XI and directs the Office of Personnel Management to rescind conflicting regulations within 30 days.
• Allows the Office of Personnel Management to establish limited appeal procedures and consider reinstatement after an agency administrative error.

Who it affects ​

• Competitive-service employees serving generally one-year probationary periods after initial appointment or certain reinstatements.
• Excepted-service employees serving generally one-year trial periods if preference eligible or two-year periods if not preference eligible.
• Executive departments and agencies responsible for evaluating and certifying covered employees.
• Senior Executive Service employees, who are excluded from the new rule.