Rule2025-11576
Strengthening Probationary Periods in the Federal Service
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Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 24, 2025
Effective
June 24, 2025
Issuing agencies
Personnel Management Office
Abstract
As directed by Executive Order 14284, "Strengthening Probationary Periods in the Federal Service," issued on April 24, 2025, the Office of Personnel Management (OPM) is rescinding the regulations on probationary periods for initial appointments in the competitive service and making conforming amendments.
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<title>Federal Register, Volume 90 Issue 119 (Tuesday, June 24, 2025)</title>
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[Federal Register Volume 90, Number 119 (Tuesday, June 24, 2025)]
[Rules and Regulations]
[Pages 26727-26730]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11576]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 90, No. 119 / Tuesday, June 24, 2025 / Rules
and Regulations
[[Page 26727]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 301, 307, 315, 316, 351, and 720
[Docket ID: OPM-2025-0015]
RIN 3206-AO98
Strengthening Probationary Periods in the Federal Service
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: As directed by Executive Order 14284, ``Strengthening
Probationary Periods in the Federal Service,'' issued on April 24,
2025, the Office of Personnel Management (OPM) is rescinding the
regulations on probationary periods for initial appointments in the
competitive service and making conforming amendments.
DATES: This final rule is effective on June 24, 2025.
FOR FURTHER INFORMATION CONTACT: Mike Gilmore by telephone at (202)
936-3261 or Katika Floyd by telephone at (202) 606-0960; or by email at
<a href="/cdn-cgi/l/email-protection#5f3a322f3330261f302f3271383029"><span class="__cf_email__" data-cfemail="06636b766a697f4669766b28616970">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background and Legal Authority
This final rule is issued pursuant to Executive Order (E.O.) 14284,
``Strengthening Probationary Periods in the Federal Service'' (90 FR
17729, April 29, 2025), which requires the Director of OPM to prepare
and publish a rule rescinding subpart H of part 315 of title 5, Code of
Federal Regulations (CFR), and make conforming amendments. This action
is taken under the authority vested in the President by the
Constitution and sections 3301, 3302, and 3321 of title 5, United
States Code (U.S.C.), and delegated to the Director of the Office of
Personnel Management by section 4(b) of E.O. 14284.
The E.O. underscores the expectation of a high-performing Federal
workforce and affirms the principle that continued employment in the
Federal service must advance the interests of the Federal Government
and the American people. It creates a requirement that agency approval
is needed before probationary employees become tenured instead of by
default upon the expiration of probationary periods. The E.O. also
removes inappropriate regulatory barriers that inhibit agencies from
fully utilizing probationary periods. In doing so, the E.O. fulfills
Congress's intention in the Civil Service Reform Act of 1978 that
probationary periods be used as ``an extension of the examining process
to determine an employee's ability to actually perform the duties of
the position.'' S. Rep. 95-969, at 45 (1978), 1978 U.S.C.C.A.N. 2723,
2767. In passing the CSRA, Congress believed ``[i]t is inappropriate to
restrict an agency's authority to separate an employee who does not
perform acceptably during this period,'' id., and thus the E.O. removes
such restrictions.
The E.O. establishes rules and policies for managing probationary
periods in the competitive service and trial periods in the excepted
services and supersedes the existing regulations in subpart H that
limited agency discretion in evaluating employees. In doing so, it
draws on the President's longstanding authority to create new Civil
Service Rules governing probationary periods in the Federal service.
See 5 U.S.C. 3301, 3302, 3321. To that end, the E.O. repealed Civil
Service Rule 2.4 on probationary periods, nullified the current
provisions governing probationary periods in the competitive service,
and established Civil Service Rule 11 to strengthen the use of
probationary periods. In addition, Civil Service Rule 11 establishes a
trial period for employees in the excepted service, requires employees
to demonstrate their continued employment is in the public interest,
requires agencies to certify continued employment meets the needs of
the agency and advances the efficiency of Federal service, and allows
OPM to establish an appeals process for probationary and trial period
terminations under certain circumstances. In addition, it retains some
of the current regulatory provisions governing the circumstances under
which probationary or trial periods are required and crediting service
toward the completion of a probationary or trial period.
This final rule removes the probationary period regulations in
subpart H of part 315 of title 5 from the CFR and makes conforming
edits to parts 301, 307, 315, 316, 351, and 720, which include
references to provisions associated with probationary periods
prescribed under subpart H (i.e., Sec. Sec. 315.801-315.806). These
references have been removed and replaced with references to the Civil
Service Rule 11, as applicable.
Impact of This Rulemaking
The E.O. ``supersede[d] subpart H'' and ``rendered [it] inoperative
and without effect.'' With this action, OPM is removing the now
inoperable text of subpart H from the CFR and making conforming edits.
With these actions, the removal of subpart H of part 315 from the CFR
eliminates the obstacles to terminating probationary employees and
makes the Federal workforce more efficient and effective. The President
has determined the prior regulations placed undue burdens on agencies
in terminating probationary employees the Government does not need and
deterred managers from undertaking that effort. Although OPM
anticipates that there will be administrative costs associated with
administering agency approvals of probationary employees, OPM
anticipates the savings to the Government based on the efficiencies
created by the new requirements for removing poor performers will
outweigh any costs associated with transitioning to the new
requirements of Civil Service Rule 11.
Agencies should be tracking employees' probationary periods and
advising supervisors of their status; however, OPM recognizes that
agencies will need to make some adjustments in response to the E.O. and
these conforming changes. OPM estimates that this rulemaking will
require individuals employed by approximately 90 federal agencies to
modify their regulations, policies, and procedures to implement this
rulemaking and train human resources (HR) practitioners and
supervisors. For the purpose of this cost analysis, the assumed average
salary rate of Federal employees performing this work will be the rate
in 2025 for
[[Page 26728]]
GS-14, step 5, from the Washington, DC, locality pay table ($161,486
annual locality rate and $77.38 hourly locality rate). We assume that
the total dollar value of labor, which includes wages, benefits, and
overhead, is equal to 200 percent of the wage rate, resulting in an
assumed labor cost of $154.76 per hour.
To comply with the regulatory changes, affected agencies would need
to review the final rule and update their regulations, policies, and
procedures. We estimate that, in the first year following publication
of the final rule, doing so will require an average of 40 hours of work
by employees with an average hourly cost of $154.76. This work would
result in estimated costs in that first year of implementation of about
$6,190.40 per agency, and about $560,000 Governmentwide.
To retain a probationer as an employee, an agency must certify that
finalizing the appointment advances the public interest. For
probationers who will not be retained, the agency must provide written
notice of the effective date of the termination action. Most agencies
already have systems in place to advise supervisors as a probationary
period is nearing its end, and supervisors provide information
regarding whether the probationer is meeting expectations. Although the
details of the review are changing and the resulting default action is
reversed, OPM does not expect the new requirements to be meaningfully
more burdensome than current processes. Similarly, supervisors should
be conducting mid-term and final reviews for each of their probationary
employees. Therefore, although a review is necessary for the agency to
certify that finalizing the appointment advances the public interest,
there should not be any new burden associated with conducting the
review and making the determination.
Some agencies may choose to make changes to HR systems to
facilitate compliance with the amended regulations through automation.
These systems are specific to agencies, and OPM does not have
information regarding potential costs to automate requirements from the
E.O. and the revised regulations. While these costs may vary, OPM
anticipates that the overall cost savings associated with the
streamlined procedures for terminating probationary employees who have
been determined not to be an asset to the Government and the long-term
savings of retaining only the most productive and needed employees will
exceed the costs of implementing new systems.
Regulatory Compliance
1. Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b)(B), OPM finds that there is good cause
to issue this final rule without prior notice and comment. In E.O.
14284, the President directed OPM to rescind subpart H of part 315
within 30 days. In the meantime, the E.O. has rendered subpart H
inoperative and without effect. In addition, the E.O. removed Civil
Service Rule 2.4, the key authority underlying subpart H. The E.O. also
set forth the new Civil Service Rule 11, immediately implementing new
requirements and policies for strengthening probationary and trial
periods. This final rule merely effectuates the rules and policy
established by the E.O., which is based on specific Presidential
direction under his statutory and constitutional authority for the
civil service. OPM lacks any discretion in this rulemaking action.
Therefore, notice and public comment procedures are unnecessary.
Similarly, pursuant to 5 U.S.C. 553(d)(3), OPM finds that there is
good cause to make this final rule effective immediately upon
publication. This rule merely effectuates the rules and policies
established by the E.O. based on specific Presidential direction under
his statutory and constitutional authority for the civil service.
Removing the now inoperative regulations may reduce the confusion about
the rules currently governing probationary and trial periods in the
competitive and excepted services. Further, a delayed effective date
serves no practical purpose here since the E.O. is effective
immediately and agencies must not give force or effect to the
provisions of the current regulations.
2. Regulatory Review
OPM has examined the impact of this rule as required by E.O.s 12866
and 13563, which direct agencies to assess all costs and benefits of
available regulatory alternatives and, if regulations are necessary, to
select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health, and safety effects,
distributive impacts, and equity). A regulatory impact analysis must be
prepared for rules that have an annual effect on the economy of $100
million or more or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities. This rulemaking does not reach that
threshold. This rule is not an E.O. 14192 regulatory action because it
is does not impose any more than de minimis regulatory costs.
3. Regulatory Flexibility Act
The Acting Director of OPM certifies that this rule will not have a
significant economic impact on a substantial number of small entities
because it applies only to Federal agencies and employees.
4. Federalism
This regulation will not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 13132, the Acting Director of OPM certifies that this rule does
not have sufficient federalism implications to warrant preparation of a
Federalism Assessment.
5. Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires that agencies assess anticipated costs and benefits before
issuing any rule that would impose spending costs on State, local, or
Tribal governments in the aggregate, or on the private sector, in any 1
year of $100 million in 1995 dollars, updated annually for inflation.
That threshold is currently approximately $206 million. This rulemaking
will not result in the expenditure by State, local, or Tribal
governments, in the aggregate, or by the private sector, in excess of
the threshold. Thus, no written assessment of unfunded mandates is
required.
6. Paperwork Reduction Act
This rule does not affect any reporting or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C.
chapter 35).
List of Subjects
5 CFR Part 301
Government employees.
5 CFR Part 307
Government employees, Veterans.
5 CFR Part 315
Government employees.
5 CFR Part 316
Employment, Government employees.
5 CFR Part 351
Administrative practice and procedure, Government employees.
[[Page 26729]]
5 CFR Part 720
Affirmative employment programs, Equal employment opportunity,
Government employees, Individuals with disabilities, Reporting and
recordkeeping requirements.
Office of Personnel Management
Stephen Hickman,
Federal Register Liaison.
Accordingly, for the reasons stated in the preamble, OPM amends 5
CFR parts 301, 307, 315, 316, 351 and 720 as follows:
PART 301--OVERSEAS EMPLOYMENT
0
1. The authority citation for part 301 is revised to read as follows:
Authority: 5 U.S.C. 3301, 3302; E.O. 10577, 19 FR 7521, 3 CFR,
1954-1958 Comp., p. 218, as amended by E.O. 10641, 20 FR 8137, 3
CFR, 1954-1958 Comp., p. 274, unless otherwise noted; E.O. 14284, 90
FR 17729.
0
2. Revise Sec. 301.204 to read as follows:
Sec. 301.204 Status and probationary period.
(a) An overseas limited employee does not acquire a competitive
status on the basis of his or her overseas limited appointment. He or
she is required to serve a probationary period of 1 year when given an
overseas limited appointment of indefinite duration or an overseas
limited term appointment.
(b) The agency may terminate an overseas limited employee at any
time during the probationary period. The employee is entitled to the
procedures prescribed by the Director of the Office of Personnel
Management under Sec. 11.6 of this chapter.
PART 307--VETERANS RECRUITMENT APPOINTMENTS
0
3. The authority citation for part 307 is revised to read as follows:
Authority: 5 U.S.C. 3301, 3302; 38 U.S.C. 4214; E.O. 11521, 3
CFR, 1970 Comp., p. 912; E.O. 14284, 90 FR 17729.
0
4. Revise Sec. 307.105 to read as follows:
Sec. 307.105 Appeal rights.
Individuals serving under VRAs have the same appeal rights as
excepted service employees under parts 432 and 752 of this chapter. In
addition, any individual serving under a VRA, whose employment under
the appointment is terminated within 1 year after the date of such
appointment, has the same right to appeal that termination as a career
or career-conditional employee has during the first year of employment.
PART 315--CAREER AND CAREER-CONDITIONAL EMPLOYMENT
0
5. The authority citation for part 315 is revised to read as follows:
Authority: 5 U.S.C. 1302, 3301, and 3302; E.O. 10577, 3 CFR,
1954-1958 Comp., p. 218, unless otherwise noted; E.O. 14284, 90 FR
17729. Secs. 315.601 and 315.609 also issued under 22 U.S.C. 3651
and 3652. Secs. 315.602 and 315.604 also issued under 5 U.S.C. 1104.
Sec. 315.603 also issued under 5 U.S.C. 8151. Sec. 315.605 also
issued under E.O. 12034, 43 FR 1917, 3 CFR, 1978 Comp., p.111. Sec.
315.606 also issued under E.O. 11219, 30 FR 6381, 3 CFR, 1964-1965
Comp., p. 303. Sec. 315.607 also issued under 22 U.S.C. 2560. Sec.
315.608 also issued under E.O. 12721, 55 FR 31349, 3 CFR, 1990
Comp., p. 293. Sec. 315.610 also issued under 5 U.S.C. 3304(c). Sec.
315.611 also issued under 5 U.S.C. 3304(f). Sec. 315.612 also under
E.O. 13473, 73 FR 56703, 3 CFR, 2009 Comp., p. 241. Sec 315.613 also
issued under 5 U.S.C. 9602. Sec. 315.710 also issued under E.O.
12596, 52 FR 17537, 3 CFR, 1987 Comp., p. 264.
0
6. Amend Sec. 315.609 by revising paragraph (e)(2) to read as follows:
Sec. 315.609 Appointment based on service in United States positions
of the Panama Canal Commission.
* * * * *
(e) * * *
(1) * * *
(2) On satisfactory completion of probation if he or she had not
previously completed such a 1-year trial period.
0
7. Amend Sec. 315.614 by revising the section heading and paragraph
(g) to read as follows:
Sec. 315.614 Hiring authority for college graduates.
* * * * *
(g) Acquisition of competitive status. A person appointed under
this section acquires competitive status upon completion of
probationary period in accordance with the provisions of part 11 of
this chapter.
* * * * *
Subpart H--[Removed and Reserved]
0
8. Subpart H is removed and reserved.
0
9. Amend Sec. 315.909 by revising paragraph (a) to read as follows:
Sec. 315.909 Relationship to other actions.
(a) If an employee is required to concurrently serve both a
probationary period under this subpart and a probationary period under
part 11 of this chapter, the latter takes precedence and completion of
the probationary period for competitive appointment fulfills the
requirements of this subpart.
* * * * *
PART 316--TEMPORARY AND TERM EMPLOYMENT
0
10. The authority citation for part 316 is revised to read as follows:
Authority: 5 U.S.C. 3301, 3302; E.O. 10577, 19 FR 7521, 3 CFR,
1954-1958 Comp., p. 218; E.O. 14284, 90 FR 17729; 5 CFR 2.2(c).
0
11. Revise Sec. 316.304 to read as follows:
Sec. 316.304 Probationary period.
(a) The first year of service of a term employee is a probationary
period regardless of the method of appointment. Prior Federal civilian
service is credited toward completion of the required probationary
period in the same manner as prescribed by Sec. 11.4 of this chapter.
(b) The agency may terminate a term employee at any time during the
probationary period. The employee is entitled to the procedures
prescribed by the Director of the Office of Personnel Management under
Sec. 11.6 of this chapter.
0
12. Revise Sec. 316.906 to read as follows:
Sec. 316.906 Acquisition of competitive status.
A student appointed under Sec. 316.901 acquires competitive status
only upon completion of probationary period after any conversion, in
accordance with the provisions of part 11 of this chapter. Time spent
on a time-limited appointment under this part may count toward
fulfillment of such probationary period.
PART 351--REDUCTION IN FORCE
0
13. The authority citation for part 351 is revised to read as follows:
Authority: 5 U.S.C. 1302, 3502, 3503; E.O. 14284, 90 FR 17729;
5 CFR 2.2(c). Sec. 351.801 also issued under E.O. 12828, 58 FR 2965.
0
14. Amend Sec. 351.501 by revising paragraph (b)(2) to read as
follows:
Sec. 351.501 Order of retention--competitive service.
* * * * *
(b) * * *
(1) * * *
(2) Group II includes each career-conditional employee, and each
employee serving a probationary period under part 11 of this chapter.
(A supervisory or managerial employee serving a probationary period
required by subpart I of part 315 of this chapter is in group II if the
employee has not completed a probationary period under part 11 of this
chapter.) Group II also
[[Page 26730]]
includes an employee when substantial evidence exists of the employee's
eligibility to immediately acquire status and career-conditional
tenure, and the employee's case is pending final resolution by OPM
(including cases under Executive Order 10826 to correct certain
administrative errors).
PART 720--AFFIRMATIVE EMPLOYMENT PROGRAMS
0
15. The authority citation for part 720 continues to read as follows:
Authority: 5 U.S.C. 7201; 42 U.S.C. 2000e; unless otherwise
noted.
Subpart J--Equal Opportunity Without Regard to Politics or Marital
Status
0
16. The authority citation for subpart J of part 720 is added to read
as follows:
Authority: 5 U.S.C. 2301, 2302, 7201, 7202, 7203, 7204; 42
U.S.C. 2000e. E.O. 14284, 90 FR 17729. 5 CFR 2.2(c).
0
17. Amend Sec. 720.901 by revising paragraph (b) and removing the
undesignated paragraph following paragraph (b). The revisions read as
follows:
Sec. 720.901 Equal opportunity without regard to politics or marital
status.
* * * * *
(b) In adverse actions and assignment actions for supervisory or
managerial probationers. An agency may not take an adverse action
against an employee covered by part 752 of this chapter, nor assign a
probationer to another position pursuant to Sec. 315.907 of this
chapter:
(1) for political reasons, except when required by statute, or
(2) because of marital status.
[FR Doc. 2025-11576 Filed 6-23-25; 8:45 am]
BILLING CODE P
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