New Rule Makes Federal Probation a Real Make-or-Break Period
Published Date: 4/29/2025
Presidential Document
Summary
This new rule affects all new federal employees on probation or trial periods, making agencies actively decide if these workers should stay. Instead of automatic job security after probation, employees must be approved to continue, helping remove poor performers faster. These changes start soon and aim to save money by keeping the federal workforce strong and efficient.
Analyzed Economic Effects
5 provisions identified: 1 benefits, 3 costs, 1 mixed.
No Automatic Tenure After Probation
If you are a new Federal employee on a probationary or trial period, your appointment will not automatically become final at the end of that period. Agencies must certify in writing within the 30 days prior to the end of your probation that keeping you employed advances the public interest; otherwise your service will terminate before the end of the tour of duty on the last day of the probation or trial period.
Set Lengths for Probation and Trial Periods
The rule defines the length of probation and trial periods: competitive-service probation is the first year of service; excepted-service trial periods are the first year for preference eligibles and the first 2 years for other excepted-service employees. Promotions or transfers before completion require finishing the remainder of the period in the new position.
New Review Meetings and Deadlines
Agencies must identify affected employees within 15 days of the order, designate evaluators, meet with each probationary or trial employee at least 60 days before the period ends, and make a final decision within 30 days after the end of the period. Before finalizing an appointment, the agency must certify in writing that continued employment advances the public interest.
Appeals Process Directed to OPM
The Director of the Office of Personnel Management (OPM) may issue regulations prescribing when and how employees terminated during probation or trial periods may appeal. Except as otherwise required by law, those appeal procedures will be the sole and exclusive means to challenge such terminations.
Rules for Crediting Prior Service and Absences
Prior Federal civilian service may count toward completing probation or a trial period if it is in the same agency, the same line of work, and there is at most a single break in service of 30 days or less. Nonpay absence while on the rolls counts up to 22 workdays; compensable injury or military duty counts in full; part-time and intermittent service are credited on calendar or days-in-pay-status bases, and a probation/trial period cannot end in less than 1 year of calendar time.
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Key Dates
Department and Agencies
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