What is a Probationary Period?
A federal government probationary employee is a new employee. The probationary period means each individual is going through an evaluation period. This usually lasts for one year. For employees with an excepted service appointment, the probationary period can last for up to two years.
It is the final step in the hiring process. The purpose is to assess an employee’s performance, conduct, and suitability for permanent federal employment. It is a period for supervisors to determine whether the employee will successfully perform the job requirements before receiving the employment protection process given to career federal employees after completing their probationary period.
The actual implication of this is that it is much easier to fire a probationary employee than a regular career federal employee. Agencies will sometimes tell supervisors that if they have questions about how valuable an employee will be, be sure to terminate that employee during the probationary period. When full employment protection is conferred, the removal process is longer, more challenging, and more time-consuming, and in some cases, the appeals process may drag on for a year or even for a few years.
Process for Firing a Probationary Employee
Probationary employees can be fired faster and easier than a permanent federal employee can be fired.
If an employee’s performance or conduct is not satisfactory, the agency must still provide written notice explaining the reasons for termination and the effective date.
The difference for probationary employees is that they are generally restricted from appealing their termination to the Merit Systems Protection Board (MSPB). Even a probationary employee can file a complaint alleging discrimination contending the removal was based on marital status, political affiliation or improper retaliation by a supervisor. The employee can also file an Equal Employment Opportunity (EEO) complaint for unlawful discrimination.
So, while the government has not precluded all of the appeal processes, they are more restricted. The usual requirements for firing an employee including advance written notice, time limits for issuing a final notice or decision of the agency to the employee after reviewing any submissions the employee has submitted arguing why removal is unfounded, and an appeal to the MSPB on the merits of the case do not apply to a probationary employee.
A federal agency has broad discretion during the probationary period to assess whether the employee is fit for continued service, and terminations are not subject to the same procedural safeguards as for career employees as outlined above.
Why is OPM Now Reminding Agencies About Probationary Periods and Administrative Leave?
This week, OPM issued a memo to agencies entitled “Guidance on Probationary Periods, Administrative Leave and Details.” Putting this in context with major changes now being announced for the federal workforce, the OPM memo is more significant.
The deadline for agencies to submit the information is January 24, 2025. Agencies are being told 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….”
OPM is reminding agencies that their best chance for reducing their workforce is during an employee’s probationary period. Once OPM has the actual up-to-date numbers about the number of probationary employees, they may provide more guidance to agencies about how to deal with the number of probationary employees on hand and how this can be used in restructuring or reducing the agency’s workforce.
The OPM memo reminds agencies when administrative leave is appropriate.
The OPM memo notes there are four pertinent areas where paid administrative leave is appropriate:
- “the absence is directly related to the agency’s mission
- “the absence is officially sponsored or sanctioned by the agency,” or
- “the absence will clearly enhance the professional development or skills of the employee in the employee’s current position,” or
- “the absence is in the interest of the agency or of the Government as a whole.”
- “An agency must retain the discretion to grant or not grant administrative leave in any circumstance based on agency judgments regarding mission needs.”
Since there is likely to be significant restructuring of the federal government in the near future, OPM is telling agencies, “Placing an employee on paid administrative leave may be an appropriate action where the agency component in which the employee works is being eliminated or restructured, or where the agency weighs changes to the individual’s role at the agency as part of a workforce realignment.”
Additional federal employees are likely to be placed on administrative leave.
Why the Timing of the Memo is Significant
The latest data from OPM on the number of probationary employees is from the first quarter of 2024. It may be larger than it was at that time, so the current exact number of probationary employees is unknown, but it could easily be several hundred thousand employees.
With an administration goal of reducing the size of the federal workforce, the significant number of probationary employees could be a target to quickly start this reduction without having to go through a reduction-in-force or firing employees who can trigger an extensive and expensive appeal process.
It is also significant for agencies that a hiring freeze is now in effect. Agencies would not be able to fill most vacancies until the freeze is lifted.
OPM collecting data on the number of probationary employees is also significant in view of the recent action for DEI employees in agencies. As of this week, DEI employees and offices have been:
- Placed on paid administrative leave effective immediately as the agency takes steps to close/end all DEIA initiatives, offices and programs
- All outward facing media (websites, social media accounts, etc.) of DEIA offices has been removed
- Any final or pending documents, directives, orders, materials, and equity plans issued by the agency in response to now-repealed Executive Order 14035, Diversity, Equity, Inclusion and Accessibility (DEIA) in the Federal Workforce (June 25, 2021) have been withdrawn and
- Any DEIA-related training, and any DEIA-related contractors have presumably been terminated.
Summary
The Trump administration is using existing regulations and procedures to implement a strategy of reducing the size of the federal government through administrative procedures. These actions do not require legislative action. Future substantive changes eliminating or restructuring agencies may require action by Congress.
The changes are happening quickly. So far, the speed of changes is unusual for the federal government. We urge all federal employees to keep up-to-date on these changes as they occur. These articles and the videos now being posted by FedSmith will assist in staying current with the changes.