Updated Guidance for Feds on Probation

The Trump Administration is trying to clarify what it means to be on probation as a federal employee and what federal employees must do to keep their jobs. 

In updated guidance, the Office of Personnel Management (OPM) aims to clarify how agencies should evaluate probationary employees and to clear up frequently asked questions. It also formalizes that probationary employees can only convert to permanent employment when their continued service aligns with the public interest. 

The guidance updates an earlier rule published by OPM in the Federal Register that gave agencies more leeway to fire federal employees in the probationary period. All this is done in accordance with President Trump’s executive order on probationary periods, which noted that “agencies will have to affirmatively determine that the continued employment of individuals serving probationary or trial periods would benefit the Federal service before such appointments are finalized.”

What’s New

In the updated guidance, OPM noted that higher-level leadership, and not first-line supervisors, must make staffing decisions on probationary employees. OPM notes that at least a second-level supervisor or even someone more senior should be making that determination.  

But the Partnership for Public Service is just one organization questioning the move.

“(Front line supervisors are the) ones that both presumably knew that they needed to fill the position, and know what skills they need in the position,” said Partnership Vice President of Government Affairs Jenny Mattingley to Federal News Network. “Agencies are going to have to figure out some way to capture that information from a frontline supervisor, in order to make an accurate decision higher up the chain.” 

OPM also noted that the burden falls on the employee to prove that they should still be working for the federal government. 

“Employees serving a probationary or trial period should take every opportunity to demonstrate their fitness and qualifications through sustained high performance, good conduct, and meaningful contribution to their agency’s mission,” noted the guidance. 

In addition, OPM wrote that the guidance will generally apply to new employees currently on probation as well as positions in the excepted service. Agencies cannot retroactively extend trial periods. 

Probation Challenges to Have Day in Court

Meanwhile, federal courts are set to hear arguments in cases challenging the administration’s mass termination of probationary employees. Arguments are scheduled in August in the Northern District of California and the Ninth Circuit Court of Appeals. 

In the district case, federal labor unions filed a motion for a summary judgement as they seek a final ruling declaring the mass firings illegal. The unions earlier won an injunction from federal judge William Alsup who wrote that the administration fired the employees under false pretenses. 

The Trump Administration is appealing that ruling to the Ninth Circuit, with arguments scheduled about a week after the district hearing.