OPM’s Original Guidance to Agencies
On January 20, 2025, OPM issued a memo entitled “Guidance on Probationary Periods, Administrative Leave and Details”. The memo asked agencies to provide information on the number of probationary employees and how agencies could use administrative leave.
OPM wrote in the memo:
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.
OPM’s Revised Guidance to Agencies on Probationary Employees
On March 4, 2025, OPM revised the original memo. The memo has the same title, and the original memo is no longer posted on the internet but has been replaced by the newer version with a revised date—but still posted on chcoc.gov under the January 20th date.
The new memo has added this sentence: “a probationer’s conduct and performance have established that the individual will be an asset to the Government.”
The new version also includes this statement that was not in the previous version:
Please note that, by this memorandum, OPM is not directing agencies to take any specific performance-based actions regarding probationary employees. Agencies have ultimate decision-making authority over, and responsibility for, such personnel actions.
This statement clarifies OPM is not mandating any actions regarding probationary employees.
Why Did OPM Issue the Revision?
The revised guidance does not explain why the revision was issued.
On February 14, 2025, a document was issued by OPM that contained this statement:
We have asked that you separate probationary employees that you have not identified as mission-critical no later than end of the day Monday, 2/17. We have attached a template letter. The separation date should be as soon as possible that is consistent with applicable agency policies (including those in CBAs).
After this was issued, and agencies had been firing probationary employees, District Court Judge William Alsup ordered OPM to rescind directives issued requiring the mass terminations and to inform agencies it has no power to dictate firing employees across the federal government.
As the latest OPM guidance notes, agencies have the ultimate decision-making authority to make removal decisions regarding probationary employees.
The judge did not bar agencies from terminating probationary employees or order the reinstatement of previously fired employees. OPM was the named defendant in the case, and it does not have that authority.
Summary
Based on the revised guidance from OPM to agencies, it is unclear what will happen next with probationary employees. Some who have been separated from federal service may be reinstated by their employing agency. The decision by the court is also a roadblock to the administration’s efforts to reduce the size of the federal workforce.
