Strengthening Probationary Periods in the Federal Service

This final regulation implemented Executive Order 14,284 creating Civil Service Rule XI, which required automatic separation at the end of a probationary or trial period, unless the employing agency acts to continue an individual's employment beyond the probationary or trial period. The regulation 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. The Office of Personnel Management issued a final regulation on probationers, skipping the notice and comment process for proposed rules and making the regulation effective immediately.