On April 28, 2025, the Office of Personnel Management (OPM) issued a guidance memorandum implementing the April 24, 2025 executive order which revised probationary period rules for federal employees (previously analyzed in this blog).
OPM reemphasized that the new executive order abolishes the requirement for providing a terminated probationer with the reasons for the decision. OPM provided sample templates for agency notices of termination and agency certifications for retention of probationers. OPM directed that notices of termination (but not certifications for continued employment) are to be indefinitely placed in the employee’s Official Personnel Folder (OPF). OPM further provided a sample reinstatement petition for agencies to file with OPM, if they erroneously failed to timely certify retention of a probationer before their automatic termination under the new executive order.
OPM also included a Q&A document providing information concerning the new probationary period rules. This Q&A included interim instructions for agencies on how to code SF-50s for probationer terminations, pending an update to the processing code rules. OPM clarifies that the trial periods for excepted service employees are now mandatory, when previously they were discretionary. OPM indicated that it “may” issue additional regulations setting out appeal rights, suggesting that OPM may leave probationers with no appeal rights spelled out, other than those otherwise required by law (for example, EEO, whistleblower reprisal or USERRA claims). OPM directed agencies to communicate these new probationary rules to current probationers and to job applicants being considered for positions, and indicated that it would be preparing draft language for inclusion in vacancy announcements and job onboarding paperwork.
If you are a current or former probationary employee of the federal government, and wish to discuss your rights, consider contacting Gilbert Employment Law to request an initial consultation.