Strengthening Probationary Periods in the Federal Service

4/24/2025
Executive Orders

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Action Summary

  • Purpose: Strengthen and improve the use of probationary and trial periods to ensure that only high-quality, effective Federal employees are granted tenure, addressing past inefficiencies in removing underperformers.
  • Key Reforms:
    • Repeals Civil Service Rule 2.4 and subpart H of part 315 of title 5, CFR, which have hindered effective agency action.
    • Introduces new Civil Service Rule XI to mandate active agency certification before final appointments.
  • New Civil Service Rule XI:
    • Scope and Applicability: Applies to probationary periods in the competitive service and trial periods in the excepted service, excluding the Senior Executive Service.
    • Probationary Requirements: Specifies conditions for initial career appointments, reinstatements, and appointments via special authorities, including procedures for employees transferred, promoted, or reassigned.
    • Trial Period Details: Outlines the duration for preference eligibles and non-preference employees, with provisions for transfers and reappointments.
    • Crediting Service: Establishes criteria for crediting previous Federal service and absence time toward completion of probationary or trial periods.
    • End-of-Period Certification: Requires a written agency certification, given at least 30 days before the end of the period, confirming that continued employment serves the public interest.
    • Appeals Process: Provides a mechanism for employees to appeal terminations during probationary or trial periods.
  • Agency Responsibilities:
    • Agencies must identify all employees in probationary or trial periods ending 90+ days from the order.
    • Designate qualified individuals to evaluate employee performance in alignment with agency goals and public interest.
    • Determine within 30 days after the probationary or trial period whether to finalize or terminate employment.
  • Implementation Timelines:
    • The order is effective immediately.
    • Certain evaluation and certification requirements, including those in Civil Service Rule 11.5, become effective 90 days from the order date.
  • Administrative Provisions:
    • OPM is tasked with publishing a rule to rescind previous subpart H and ensure conforming amendments.
    • The order affirms continued agency authority and is subject to applicable laws and appropriations.

Risks & Considerations

  • The Executive Order mandates stricter use of probationary and trial periods for federal employees, which could lead to a more rigorous evaluation process. This may result in a higher turnover rate among new federal employees, potentially affecting stability and continuity in federal programs and partnerships.
  • Vanderbilt University may need to consider the implications of these changes on its graduates who are seeking federal employment. The increased scrutiny during probationary periods could impact job security and career planning for recent graduates.
  • The order could influence the university’s collaborations with federal agencies, as changes in personnel policies might affect the availability and consistency of federal partners.
  • There is a potential risk that the focus on terminating underperforming employees could lead to a more competitive and high-pressure work environment, which might affect employee morale and productivity.

Impacted Programs

  • Career Services at Vanderbilt may need to provide additional guidance and support to students and alumni pursuing federal employment, helping them navigate the new probationary requirements.
  • The Office of Federal Relations might need to monitor these changes closely to understand their impact on existing and future collaborations with federal agencies.
  • Human Resources programs at Vanderbilt could see an increased demand for expertise in federal employment policies, potentially leading to new research and educational opportunities.

Financial Impact

  • While the direct financial impact on Vanderbilt University may be limited, the order could indirectly affect funding opportunities if changes in federal workforce policies lead to shifts in agency priorities and resource allocation.
  • Vanderbilt may need to invest in additional resources for career counseling and support services to assist students and alumni affected by these changes in federal employment practices.

Relevance Score: 3 (The order presents moderate risks involving compliance and potential impacts on federal employment opportunities for graduates.)

Key Actions

  • Vanderbilt’s Human Resources Department should review and potentially adjust its own probationary and trial period policies for new hires to align with the federal government’s emphasis on evaluating employee performance before finalizing appointments. This could ensure that Vanderbilt maintains a high-quality workforce.
  • The Office of Federal Relations should monitor any changes in federal employment policies that could impact university partnerships or collaborations with federal agencies. Understanding these changes will be crucial for maintaining effective relationships and ensuring compliance with federal standards.
  • Vanderbilt’s Leadership Development Programs could incorporate training on the importance of probationary periods and performance evaluations, emphasizing the need for thorough assessments before confirming employment to ensure alignment with organizational goals.

Opportunities

  • The executive order provides an opportunity for Vanderbilt’s Law School to conduct research and offer insights on the legal implications of changes to federal probationary periods. This research could be valuable for policymakers and contribute to the national conversation on federal employment practices.
  • Vanderbilt’s Public Policy Studies could explore the broader impacts of these federal employment changes on public sector efficiency and workforce management, potentially influencing future policy recommendations.

Relevance Score: 3 (Some adjustments are needed to processes or procedures to align with federal employment practices and leverage research opportunities.)

Average Relevance Score: 4

Timeline for Implementation

  • Within 15 days: Each agency head must identify employees serving an initial probationary or trial period (ending 90 days or more from the order date) and designate evaluators for assessing their performance.
  • Within 30 days: The Director of OPM is required to prepare and publish a rule rescinding subpart H of part 315 of title 5 and making conforming amendments.
  • 90 days from the order date: The requirements of sections 5(b) through 5(d) and Civil Service Rule 11.5 become effective, although the order itself is effective immediately.

Relevance Score: 5

Impacted Government Organizations

  • Office of Personnel Management (OPM): The order directly mandates the Director of OPM to update regulations and oversee the certification process for probationary and trial period employees, playing a central role in the implementation of the new civil service rules.
  • Executive Departments and Agencies: All agency heads across executive departments are required to review and manage probationary periods for their new and reinstated employees, fundamentally affecting employee assessments and tenure decisions throughout the federal government.
  • United States Postal Service (Postal Career Service): Specific provisions for employees appointed under the Postal Reorganization Act render the Postal Career Service subject to distinct probationary requirements under this order.

Relevance Score: 5 (The directive applies across the entire federal workforce, impacting all executive agencies and departments, thereby affecting a wide range of government organizations.)

Responsible Officials

  • Director of the Office of Personnel Management (OPM) – Tasked with publishing the rule rescinding subpart H, making conforming amendments, and establishing appeals procedures under the new Civil Service Rule XI.
  • Agency Heads of Executive Departments and Agencies – Required to identify employees in probationary or trial periods, designate evaluators, and ultimately certify or terminate appointments based on the employee’s performance and alignment with public interest.
  • Designated Agency Representatives – Appointed by agency heads to evaluate the performance of employees serving probationary or trial periods and to provide written certification regarding their continued employment.

Relevance Score: 4 (Directives affect agency heads and key agency representatives responsible for implementing personnel evaluations and certification processes.)

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