in effect
Executive Order 14284, signed April 24, 2025, is a presidential directive that reforms how the federal government handles the probationary and trial periods new employees must complete before receiving full civil service tenure. It creates a new Civil Service Rule XI and supersedes existing regulations that previously governed this process.
Under the old system, a probationary employee who was not actively terminated would automatically become a permanent, tenured employee at the end of their probationary period. Under the new rule, the opposite is true: employment automatically ends unless the employing agency affirmatively certifies in writing — within the 30 days before the period ends — that keeping the employee “advances the public interest.” Within 15 days of the order, each agency must identify all employees currently in an initial probationary or trial period ending 90 or more days out and designate specific officials responsible for evaluating them. At least 60 days before each employee’s period ends, a designated evaluator must meet with that employee to discuss performance, agency needs, and whether continued employment serves the public interest. The existing regulatory framework at 5 CFR Part 315, Subpart H, which previously set certain procedural limits on agencies terminating probationary employees, is declared void and is to be formally rescinded within 30 days by the Office of Personnel Management.
Federal employees in their initial probationary period (generally the first year in a competitive service position) or trial period (one to two years in the excepted service) are directly affected, as they now face automatic separation unless their agency takes affirmative action to retain them. Federal agencies and their leadership must build new review and certification processes and bear the administrative responsibility of documenting retention decisions in writing before each period concludes.