Trump Executive Order Tightens Probationary Periods For Federal Employees

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Trump Executive Order Tightens Probationary Periods For Federal Employees

President Donald J. Trump
President Donald J. Trump

President Donald Trump signed an executive order Thursday aimed at strengthening probationary periods for federal employees, eyeing greater accountability and efficiency within the federal workforce. The order introduces significant changes to the process by which new federal employees gain tenure.

The executive order, titled “Strengthening Probationary Periods in the Federal Service,” targets both competitive and excepted service employees, aiming to address what the administration perceives as a systemic issue of retaining underperforming individuals. The order cites a Government Accountability Office report indicating that agencies have not effectively utilized probationary periods to weed out unsuitable appointees.

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A key provision of the order is the implementation of a new Civil Service Rule XI, which supersedes existing regulations under 5 C.F.R. part 315, subpart H. This new rule mandates that agencies actively certify that the continued employment of a probationary employee “advances the public interest” before granting tenure. Failure to provide this certification will result in automatic termination upon the expiration of the probationary period.

“The American people deserve a Federal workforce that is high-quality, efficient, dedicated to the public interest, and no larger than necessary,” the order states. “Conditions of good administration require that agency approval should be required before probationary employees become tenured Federal employees.”

The order also outlines specific criteria for agencies to consider when evaluating probationary employees, including performance, conduct, alignment with organizational goals, and contribution to service efficiency. Furthermore, it places the burden of proof on the employee to demonstrate why their continued employment is in the public interest.

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Key provisions of the order include:

  • Mandatory Agency Certification: Agencies must affirmatively certify that an employee’s continued service is in the public interest.
  • Repeal of Existing Regulations: Subpart H of part 315 of title 5, Code of Federal Regulations, is rendered inoperative.
  • New Civil Service Rule XI: Establishes new guidelines for probationary and trial periods.
  • Review Process: Agencies must conduct reviews of probationary employees at least 60 days prior to the end of their probationary period.
  • Burden of Proof: Probationary employees must demonstrate why their continued employment is in the public interest.

The order’s effective date is immediate, with the review and certification requirements becoming effective 90 days from the date of the order.

The Office of Personnel Management (OPM) is tasked with implementing the new regulations and providing guidance to federal agencies. The long-term impact of this executive order on the federal workforce remains to be seen.

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