On April 24, 2025, President Donald J. Trump issued an executive order aimed at enhancing the use of probationary periods for federal employees. Highlighted in the order is the need for the federal workforce to exhibit efficiency, dedication to public interest, and maintain an optimal size.
The Government Accountability Office noted that federal agencies have been insufficient in utilizing probationary and trial periods to filter out underperforming hires, allowing them to gain tenure. The Merit Systems Protection Board had advised in 2005 that a probationer should not become a permanent employee without agency approval and that failure to certify a probationer should lead to automatic termination upon the period's conclusion.
The order introduces Civil Service Rule XI, which replaces the existing subpart H of part 315, title 5, Code of Federal Regulations. Under this new rule, agencies must confirm that probationary or trial period employees' continued employment serves the federal service's interest before confirming their appointments.
The new rule specifies the conditions under which probationary and trial periods are required and how prior service is credited toward their completion. It sets regulatory conditions that guide agencies in certifying employees' suitability based on performance and their alignment with public interest and agency goals.
Section 3 explores the probationary or trial period procedures, detailing how service is credited and setting guidelines for appeals under new conditions.
Agency heads must adhere to new review processes during employees' probationary periods, ensuring evaluations happen at least 60 days prior to their end. Certifications need to be in writing to confirm the continuation of employment is indeed in the public interest.
This executive order takes effect immediately, with some specific requirements delayed by 90 days to accommodate necessary adjustments. The order reinforces that it should not interfere with legal authority granted to executive department heads or the Office of Management and Budget's functions.
President Trump's order underscores these changes' intent not to create enforceable rights or benefits against the government and aims to bring more rigor and accountability to hiring and employment practices within federal services.
