Strengthening Probationary Periods In The Federal Service

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The executive order aims to improve the effectiveness of the federal workforce by ensuring probationary and trial periods are utilized properly to assess new employees.
Agencies have not been effectively using these periods, resulting in the retention of underperforming employees.
The order mandates that agencies must approve the tenure of probationary employees before they can gain permanent status.
A new Civil Service Rule XI replaces previous regulations and requires agencies to affirmatively determine that continued employment benefits the federal service before finalizing appointments.
Specific sections of existing regulations that limit agency action regarding probationary periods are removed to allow for better management.
Civil Service Rule XI consists of several sections detailing the policies regarding probationary and trial periods, including definitions, conditions for completion, appeals processes, and how to credit prior service.
Agencies are instructed to identify employees in initial probationary or trial periods and designate individuals responsible for evaluating their continued employment.
There is a requirement for agencies to meet with employees during their probationary periods to discuss performance and public interest considerations.
The order emphasizes that continued employment must be certified as beneficial to the public interest prior to finalizing an employee’s appointment.
The order is effective immediately, with certain requirements taking effect 90 days later.
It clarifies that it does not create enforceable rights against the United States or its entities.