Documents › Executive orders › 14284
Executive Order 14284
Strengthening Probationary Periods in the Federal Service
Signed April 24, 2025, printed at 90 FR 17729. 5 sections of substance, 2,444 words.
New federal staff serve a trial period. This order makes that period harder to pass.
Sec. 1. Purpose
The American people deserve a Federal workforce that is high-quality, efficient, dedicated to the public interest, and no larger than necessary. Probationary periods (for employees in the competitive service) and trial periods (for employees in the excepted service) have provided a longstanding critical tool to assess the fitness of newly hired Federal employees before finalizing their appointments to Federal service. The Government Accountability Office has documented, however, that agencies have not been using probationary and trial periods as effectively as they could to remove appointees whose continued employment is not in the public interest. As a result of this failure to remove poor performers, agencies have often retained and given tenure to underperforming employees who should have been screened out during their probationary period. Conditions of good administration require
The American people deserve a Federal workforce that is high-quality, efficient, dedicated to the public interest, and no larger than necessary. Probationary periods (for employees in the competitive service) and trial periods (for employees in the excepted service) have provided a longstanding critical tool to assess the fitness of newly hired Federal employees before finalizing their appointments to Federal service. The Government Accountability Office has documented, however, that agencies have not been using probationary and trial periods as effectively as they could to remove appointees whose continued employment is not in the public interest. As a result of this failure to remove poor performers, agencies have often retained and given tenure to underperforming employees who should have been screened out during their probationary period. Conditions of good administration require
This sets out the case the order makes. It says new hires serve a trial term. That term tests whether they fit the job. It says a federal watchdog found agencies use it poorly. It says weak performers were kept on. It says they then gained job protection.
Sec. 2.
Repeal of Civil Service Rule 2.4. Civil Service Rule II is amended by removing section 2.4 of part 2 of title 5, Code of Federal Regulations.
Repeal of Civil Service Rule 2.4. Civil Service Rule II is amended by removing section 2.4 of part 2 of title 5, Code of Federal Regulations.
This drops one civil service rule. The rule is struck from the code.
Sec. 3. Civil Service Rule XI
A new Civil Service Rule XI is added following Civil Service Rule X, to read as follows: ``PART 11--PROBATIONARY AND TRIAL PERIODS (RULE XI) Sec. 11.1 Scope 11.2 Probationary Period; When Required 11.3 Trial Period; When Required 11.4 Crediting Service 11.5 Completion of Probationary or Trial Period [[Page 17730]] 11.6 Appeals Sec. 11.1 Scope This rule applies to probationary periods in the competitive service and trial periods in the excepted service, except where provided otherwise by statute. It has no application to probationary periods in the Senior Executive Service. Sec. 11.2 Probationary Period; When Required (a) The first year of service of an employee who is given a career or career-conditional appointment in the competitive service under the Civil Service Regulations is a probationary period when the employee: (1) Was appointed from a competitive list of eligibles. (2) Was
A new Civil Service Rule XI is added following Civil Service Rule X, to read as follows: ``PART 11--PROBATIONARY AND TRIAL PERIODS (RULE XI) Sec. 11.1 Scope 11.2 Probationary Period; When Required 11.3 Trial Period; When Required 11.4 Crediting Service 11.5 Completion of Probationary or Trial Period [[Page 17730]] 11.6 Appeals Sec. 11.1 Scope This rule applies to probationary periods in the competitive service and trial periods in the excepted service, except where provided otherwise by statute. It has no application to probationary periods in the Senior Executive Service. Sec. 11.2 Probationary Period; When Required (a) The first year of service of an employee who is given a career or career-conditional appointment in the competitive service under the Civil Service Regulations is a probationary period when the employee: (1) Was appointed from a competitive list of eligibles. (2) Was
This adds a new civil service rule. It sets out when a trial term is required. It covers both kinds of federal service. Senior executives are not covered. It says the first year counts as the trial. It covers how prior service is credited. It also covers appeals.
Sec. 4. Modifications to the Civil Service Regulations
(a) This order supersedes subpart H of part 315 of title 5, Code of Federal Regulations (Probation on Initial Appointment to a Competitive Position), which is hereby rendered inoperative and without effect. No agency shall give force or effect to its provisions. (b) The Director of OPM shall within 30 days of the date of this order prepare and publish a rule rescinding subpart H and making conforming amendments.
(a) This order supersedes subpart H of part 315 of title 5, Code of Federal Regulations (Probation on Initial Appointment to a Competitive Position), which is hereby rendered inoperative and without effect. No agency shall give force or effect to its provisions. (b) The Director of OPM shall within 30 days of the date of this order prepare and publish a rule rescinding subpart H and making conforming amendments.
This voids part of an older rule. Agencies may not apply that part. The staffing office must publish a rule to remove it. That is due within 30 days. Related wording must be changed to match.
Sec. 5. Review During Probationary and Trial Periods
(a) Within 15 days of the date of this order: (i) The head of each executive department and agency (agency) shall identify each employee at their agency serving an initial probationary or trial period in the Federal service that ends 90 days or more from the date of this order. (ii) Each agency head shall designate in writing individuals at their agency who shall be responsible for evaluating the continued employment of employees serving an initial probationary or trial period in the Federal service. Agency heads should limit such designations to those individuals who can properly assess the needs and interests of the organization and alignment with the organizational goals of the agency or the Federal Government. (b) At least 60 days prior to the end of each employee's initial probationary or trial period, individuals designated pursuant to subsection (a) of this section shall, to the
(a) Within 15 days of the date of this order: (i) The head of each executive department and agency (agency) shall identify each employee at their agency serving an initial probationary or trial period in the Federal service that ends 90 days or more from the date of this order. (ii) Each agency head shall designate in writing individuals at their agency who shall be responsible for evaluating the continued employment of employees serving an initial probationary or trial period in the Federal service. Agency heads should limit such designations to those individuals who can properly assess the needs and interests of the organization and alignment with the organizational goals of the agency or the Federal Government. (b) At least 60 days prior to the end of each employee's initial probationary or trial period, individuals designated pursuant to subsection (a) of this section shall, to the
This is about review during the trial term. Within 15 days each agency must list staff still in it. That covers terms ending 90 days out or later. Each agency must name who decides on them. Those people must judge the needs of the agency. A review comes at least 60 days before the term ends.
Sec. 6. Effective Date
Every order carries this. It is not what the order does.
This order is effective immediately, except that the requirements of sections 5(b) through 5(d) of this order and of Civil Service Rule 11.5 shall become effective 90 days from the date of this order.
This order is effective immediately, except that the requirements of sections 5(b) through 5(d) of this order and of Civil Service Rule 11.5 shall become effective 90 days from the date of this order.
This says when the order starts. Most of it takes effect at once. A few parts wait 90 days.
Sec. 7. General Provisions
Every order carries this. It is not what the order does.
(a) Nothing in this order shall be construed to impair or otherwise affect: [[Page 17733]] (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) If any provision of this order, including any of its applications, is held to be invalid, the remainder of this order and all of its other applications shall not be affected
(a) Nothing in this order shall be construed to impair or otherwise affect: [[Page 17733]] (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) If any provision of this order, including any of its applications, is held to be invalid, the remainder of this order and all of its other applications shall not be affected
This is the closing clause that nearly every order carries. It says the order does not change what the law already allows. It also says no one can sue to enforce it.
How this order is quoted
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