Labor & Employment Law Daily Wrap Up, WHITE HOUSE NEWS—Another executive order impacting federal workforce issued, (Apr 25, 2025)

By Brandi O. Brown, J.D.

This one purports to “strengthen” probationary periods, requiring that probationary employees “advance the public interest,” among other things, before their appointments are finalized.

Yesterday, President Trump had another go at federal probationary workers, issuing an executive order adding new requirements regarding what should happen as a federal employee’s probationary period comes to an end. Under the new rule, at least 60 days prior to the end of the initial probationary or trial period, the probationary employee is to meet with the designee of the agency’s leadership to discuss their “performance and conduct,” the agency’s needs, and whether their continued employment would “advance the public interest,” the organizational goals of the agency, and the efficiency of the service.

If, in the 30 days prior to the completion of the probationary period, their agency does not certify that their appointment “advances the public interest” it will spell the end of their employment.

The order gives the OPM Director 30 days to prepare and publish a rule rescinding subpart H and making conforming amendments.

Agency approval required. “Conditions of good administration require that agency approval should be required before probationary employees become tenured Federal employees,” the order states within its purpose section. “As the Merit Systems Protection Board recommended in its 2005 report The Probationary Period: A Critical Assessment Opportunity, there should be ‘procedures so that a probationer does not automatically become an employee in the absence of agency action.’ And in the absence of agency certification that the probationer will be an asset to the Government, ‘the probationer’s employment should automatically terminate upon the expiration of the probationary period.’ This order directs this commonsense change.”

Subpart H superseded. Under the executive order, the regulations at subpart H of part 315 of title 5, Code of Federal Regulations are superseded. Those regulations, the order states, “purport to limit agency action with respect to employees serving a probationary period, are not statutorily required, place undue burdens on agencies in terminating probationary employees, and deter managers from undertaking that effort.”

Section 2.4 removed. Additionally, the order removes section 2.4 of part 2 of title 5, Code of Federal Regulations. Section 2.4 read: “Persons selected from registers of eligibles for career or career-conditional appointment and employees promoted, transferred, or otherwise assigned, for the first time, to supervisory or managerial positions shall be required to serve a probationary period under terms and conditions prescribed by the Office.”

News: WhiteHouseNews PublicEmployees FederalRegulations