Strengthening Probationary Periods in the Federal Service
The order rewrites the rules for federal probationary and trial periods, creating new Civil Service Rule XI that requires agencies to affirmatively certify that a new employee's continued service advances the public interest — or that employee is automatically terminated when their probationary period expires.
Establishes a mandatory review and written-certification process across all executive agencies, shifting the burden from agencies justifying dismissal to employees demonstrating their continued employment serves the public interest.
What this order does
What it orders
The order creates Civil Service Rule XI, which governs probationary periods in the competitive service and trial periods in the excepted service. Under the new rule, an employee's appointment is not automatically finalized when their probationary or trial period ends; instead, the employing agency must certify in writing — within 30 days before the period's end — that finalizing the appointment advances the public interest. If no certification is made, the employee's service terminates automatically. The order simultaneously repeals Civil Service Rule 2.4 and renders inoperative the existing regulatory subpart (5 CFR Part 315, Subpart H) that previously governed probationary terminations, directing the OPM Director to formally rescind it.
The order also mandates a near-term review of all current probationary employees: within 15 days, each agency head must identify employees in initial probationary periods ending 90 or more days out and designate evaluators. At least 60 days before each employee's probationary period ends, a designated official must meet with the employee to assess performance, agency needs, and public-interest alignment. The affirmative-certification and completion-of-period requirements take effect 90 days from signing; all other provisions are effective immediately.
Who it affects
Federal employees currently serving or soon to begin initial probationary or trial periods in executive departments and agencies, agency heads and their designated evaluators, and the Office of Personnel Management, which must rewrite the governing regulations within 30 days.
Why it matters
Federal employees who reach the end of their probationary period without an affirmative agency certification will be automatically separated — reversing the prior default that finalized appointments unless the agency acted. Agencies now carry a formal, time-bound documentation obligation for every probationary hire.
What must happen and when
How the order is supposed to work
Agencies act in two waves. Immediately, each agency head identifies current probationary employees and designates evaluators. The evaluation cycle then runs: a meeting with the employee at least 60 days before the period ends, a written determination within 30 days of the period's end, and a public-interest certification if the appointment is to be finalized. Failure to certify triggers automatic termination; administrative errors can be corrected only if the agency head petitions OPM within 30 days of termination. OPM also runs a parallel track, rescinding the superseded regulations within 30 days and issuing any future appeals rules under Rule 11.6.
Actions and deadlines
- Identify all employees serving initial probationary or trial periods ending 90 or more days from signing
- Designate in writing agency officials responsible for evaluating probationary and trial-period employees
- OPM Director prepares and publishes rule rescinding 5 CFR Part 315 Subpart H and making conforming amendments
- Designated officials meet with each probationary or trial-period employee to assess performance, agency needs, and public-interest alignment
- Agency head or designee determines whether to finalize or terminate each probationary or trial-period employee's appointment
- Agency certifies in writing that finalizing each employee's appointment advances the public interest, or employee is automatically separated