Typically, a new Federal employee is required to complete a probationary period of from 1 to 2 years, depending on the type of appointment. In the past, as long as the employee’s performance was satisfactory, they were automatically converted to a permanent position.
Probationary periods (for employees in the competitive service) and trial periods (for employees in the excepted service) have long served as a critical tool for assessing the fitness of newly hired Federal employees before finalizing their appointments to Federal service.
EXECUTIVE ORDER INITIATES SIGNIFICANT CHANGES
The President signed an executive order (EO) titled “Strengthening Probationary Periods in the Federal Sector“ on April 24. According to the Government Accountability Office, agencies haven’t used probationary and trial periods as effectively as they could to remove appointees whose continued employment is not in the public interest.
They further state that “As a result, agencies have often retained and given tenure to under-performing employees who should have been screened out during their probationary period.”
This EO requires agency approval before probationary employees become tenured Federal employees. The Merit Systems Protection Board recommended this process in its 2005 report, The Probationary Period: A Critical Assessment Opportunity.
Probationers will no longer automatically become permanent employees unless the agency takes action. In the absence of agency certification that the probationer will be an asset to the Government, “the probationer’s employment should automatically terminate upon the expiration of the probationary period.”
THEN AND NOW
Employees in the competitive service with less than one year of service, and in the excepted service with less than two years of service, can be terminated without triggering MSPB appeal rights. This applies to temporary employees on appointments that do not exceed a specific date.
Agencies were directed last January to identify all employees on probationary periods who have served less than a year in a competitive service appointment or who have served less than two years in an excepted service appointment, and determine whether those employees should be retained at the agency.
The EO implements Civil Service Rule XI, which supersedes Subpart H. Under Civil Service Rule XI, agencies must affirmatively determine that the continued employment of individuals serving probationary or trial periods would benefit the Federal service before such appointments are finalized. In the past, as long as their overall performance was satisfactory, probationary employees were converted to permanent positions. There was little consideration given to an employee’s overall suitability and temperament for the position.
PROBATIONARY AND TRIAL PERIODS (RULE XI)
Under the new Rule XI, agencies are required to utilize probationary and trial periods upon initial appointment or subsequent reinstatement to evaluate employees’ fitness and determine whether their continued employment advances the public interest.
Competitive Service
The first year of service for an employee given a career or career-conditional appointment in the competitive service under the Civil Service Regulations constitutes a probationary period, as determined by the six criteria listed in the EO.
Excepted Service
The first year of continuous service in the same or similar position of a preference eligible in the excepted service, or the first 2 years of continuous service in the same or similar position of an individual in the excepted service (other than a preference eligible), is a trial period.
Preference eligibles are Veterans who receive 5 or 10 points veterans’ preference in appointment over many other applicants. Veterans’ preference applies to all new appointments in the competitive service and many in the excepted service.
PROBATIONARY AND TRIAL PERIOD REVIEWS
The levels of review listed below underscore the agency’s commitment to ensuring that employees are not only proficient in their trade or profession but would also advance the public interest.
Within 15 days from the date of this EO, the agency heads must:
- Identify each employee at their agency serving an initial probationary or trial period in the Federal service that ends 90 days or more from the date of this order.
- Designate in writing individuals at their agency who shall be responsible for evaluating the continued employment of employees serving an initial probationary or trial period in the Federal service.
- Sixty days before the end of an employee’s probationary or trial period, designated officials meet with each probationary or trial employee to discuss the employee’s performance and conduct to determine whether the employee’s continued employment would advance the public interest.
- Within 30 days of the end of each employee’s probationary or trial period, the individual designated by the agency shall determine whether to retain or terminate their service.
- Before finalizing an employee’s appointment to the Federal service after the probationary or trial period, the agency head or designee must certify in writing that such individual’s continued employment will advance the public interest.
END NOTES
Probationary periods are designed to ensure that those entering the government are not only suitable for their career but also well-suited to the organization to which they are assigned. Otherwise, agencies and the assigned personnel will suffer the consequences. I saw this firsthand throughout my 35-year federal career.
This expanded process may seem like overkill; however, it adds more accountability to mid-level managers and agency heads to ensure they have the employees who are the best fit for their organization. A win-win for all, employees and supervisors alike.
