Initial Guidance on President Trump’s Executive Order Strengthening Probationary Periods in the Federal Service

The Office of Personnel Management (OPM) issued a memorandum explaining Executive Order 14,284 (EO), which established default termination upon completion of a probationary or trial period, unless an agency acts to continue an individual's employment. The memorandum supplies standard forms. Consistent with the EO, it required, rather than permitted, trial or probationary periods for excepted service employees. The guidance permits agencies to consider factors unrelated to the individual, including "needs and interests of the agency" without regard to the employee's performance or conduct. Under the new rule, the employee bears the burden of demonstrating why he or she should not be separated from employment after the expiration of the probationary period.