A new executive order introduces Civil Service Rule XI, aimed at strengthening the use of probationary and trial periods to assess the fitness of newly hired Federal employees before their appointments are finalized.
Background and Rationale
Probationary periods (for competitive service) and trial periods (for excepted service) have long served as mechanisms for agencies to evaluate new employees. However, reports from the Government Accountability Office (GAO) found that these periods have not always been used effectively, sometimes resulting in tenure for employees who may not meet performance expectations.
In response, the Merit Systems Protection Board recommended in a 2005 report that agencies implement active procedures to ensure probationary employees are affirmatively evaluated before gaining tenure. The new Civil Service Rule XI builds on this recommendation, requiring agencies to certify that an employee’s continued service benefits the Federal government.
Key Changes Under Civil Service Rule XI
The order repeals Subpart H of Part 315 of Title 5 of the Code of Federal Regulations and replaces it with new standards for managing probationary and trial periods, including:
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Mandatory Certification: Agencies must affirmatively certify that a probationary or trial period employee’s continued employment advances the public interest. Without this certification, employment will automatically terminate at the end of the probationary period.
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Scope: The rule applies to probationary periods for competitive service employees and trial periods for excepted service employees but does not apply to the Senior Executive Service.
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Crediting Service: Prior Federal service may count toward probationary or trial periods if it meets certain criteria, including continuity within the same agency and line of work.
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Employee Responsibility: Employees bear the burden of demonstrating how their continued employment serves the public interest.
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Evaluation Timeline: Agencies are required to meet with probationary or trial employees at least 60 days before the end of the period to assess their performance. A final certification decision must be made within 30 days before the period concludes.
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Appeals: The Director of the Office of Personnel Management (OPM) may define the circumstances under which probationary or trial terminations can be appealed, subject to applicable law.
Implementation Steps
The order requires agencies to identify employees in probationary or trial periods ending 90 days or more from the order’s date. Designated agency officials must evaluate these employees’ performance, conduct, and alignment with agency goals.
Additionally, a rule rescinding the previous regulations and making necessary conforming amendments must be prepared by OPM within 30 days of the order.
Effective Date
The order is effective immediately, though the certification and review requirements under Rule 11.5 become effective 90 days after issuance.