Trump's reforms during his probationary period have been solidified in the final rule issued by the Office of Personnel Management (OPM)
In a significant move, the Trump administration enacted changes to federal probationary periods through Executive Order (EO) 14284, titled **"Strengthening Probationary Periods in the Federal Service,"** signed on April 24, 2025.
The EO repealed existing Civil Service Rules on probation and trial periods and established a new **Civil Service Rule XI**. This rule requires federal agencies to affirmatively certify that retaining a probationary or trial employee serves the public interest before finalizing their appointment. Without this certification, the employee will be automatically terminated at the end of the probationary period.
The probationary period is now explicitly used to assess the employee’s fitness for the position and whether their continued employment benefits the Federal service. The burden is on the employee to demonstrate that continuing employment serves the public interest. Agencies must implement individual review processes for probationary employees at least 60 days before the probationary period ends.
Agencies were instructed to identify probationary and trial employees and designate evaluators within 15 days of the EO’s issuance to ensure compliance. This shift eliminates automatic conversion to permanent status, increasing management discretion to terminate probationers without the usual protections granted to permanent employees.
The implications for federal employees include increased job insecurity during the probationary period, as employees no longer gain automatic permanence based on time served. Agencies may tighten performance expectations and become more selective, potentially raising workforce quality but also increasing stress on new hires.
There are concerns about potential bias and equity, as agencies must use “affirmative determination” without a standardized criterion, which could lead to inconsistent or unfair outcomes. The changes allow agencies broad flexibility to terminate probationary employees for any reason tied to advancing the public interest, beyond just conduct or performance issues, effectively shifting the balance towards management authority.
Private employers are not directly affected, but the EO’s approach could influence broader employment practices in the public and private sectors regarding probation and retention policies.
The Office of Personnel Management (OPM) has mandated mid-term and final reviews of probationary employees before they can exit their probationary period. The Partnership for Public Service, an organization advocating for reforms to probationary periods, supports the affirmative certification process for probationary employees.
However, the Partnership for Public Service did not comment on the Trump administration's changes to the probationary period beyond the affirmative certification process. Jenny Mattingley, the Partnership's vice president for government affairs, believes that the Trump administration's focus on terminations of probationary employees contradicts the core purpose of a probationary period.
Mattingley emphasizes the importance of better training and development for managers and supervisors to effectively manage their workforce and make sound decisions about skills needed. In December 2023, the Biden administration's OPM published a list of recommendations for agencies to consider when managing employees within their probationary periods. The Partnership for Public Service suggests that the focus should be on setting up managers and employees for success during the probationary period, rather than just on removing employees.
The Trump administration argues that the President has a "longstanding authority" to create new civil service rules for the federal workforce. Mattingley raises concerns about potential removal of employees due to a broad push to shrink workforce numbers. Agencies must now affirmatively certify that probationary employees should continue in their jobs, rather than earning tenure "by default."
This article was published by our platform in 2025. The rule "merely effectuates" changes President Donald Trump made in April, ordering agencies to reform the regulations around federal probationary periods. Mattingley questions whether the changes to the probationary period will be applied effectively without improving managerial skills and employee success.
[1] Source: White House Executive Order 14284 [2] Source: Office of Personnel Management Final Rule [3] Source: The Washington Post, "Interior Department implements Trump's plan to shrink workforce" [4] Source: The New York Times, "Trump's changes to federal probationary periods" [5] Source: Government Executive, "Trump's changes to federal probationary periods"
- The new Civil Service Rule XI, a result of Executive Order 14284, is affecting the federal workforce by requiring agencies to make an affirmative certification that retaining a probationary or trial employee serves the public interest, potentially altering the finance and business aspects of managing the federal civil service.
- Agencies are now obligated to assess the fitness and public interest of employees during the probationary period, which could lead to increased competition in the business sector as private employers may adopt similar practices based on the approach outlined in the Trump administration's changes to the federal civil service.
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