OPM tees up more changes for probationary federal employees

Probationary federal employees are on track to see more restrictions when appealing any future terminations, according to a new proposal from the Trump administration.

Under new proposed regulations from the Office of Personnel Management, fired probationary employees would only be able to appeal their termination if they believe it was due to discrimination based on “partisan political reasons” or “marital status” — or if their agency diverged from standard termination procedures.

“These limited grounds of appeal for probationary terminations reflect the historical principle that probationary periods serve as a critical evaluation phase for new federal employees, and thus that agencies should enjoy great flexibility in separating employees serving probationary or trial periods,” OPM wrote in its proposal, which is scheduled to be published Tuesday on the Federal Register.

Generally, OPM’s regulations seek to alter both the latitude and method for probationary federal employees to appeal an agency’s decision to fire them. Along with limiting options for appeal, the proposal would put OPM in charge of adjudicating employees’ cases, rather than the Merit Systems Protection Board.

“Continuing to allow employees to appeal to the MSPB would not be as efficient as OPM adjudicating appeals,” OPM wrote. “MSPB procedures unnecessarily add complexity to a process designed for federal agencies to evaluate whether it is in the public’s interest to retain employees newly hired into the federal service.”

Instead of MSPB, fired probationary employees would rely on OPM’s Merit System Accountability and Compliance (MSAC) office to determine appeals — something OPM said “will provide much needed clarity and efficiency.” OPM also noted that unlike MSPB, the MSAC office does not have board quorum requirements — something that has previously stalled MSPB’s ability to complete some parts of its work.

But under OPM’s proposal, probationary employees would miss out on several key procedures MSPB uses in appeal cases. Currently, federal employees who appeal an adverse action at MSPB are given the right to a hearing, as well as an opportunity for a “discovery” phase to collect more information on the case.

OPM, however, argued that those steps of the process are costly and unnecessary. Under the proposed regulations, OPM in most cases would neither hold appeal hearings nor conduct a “discovery” phase. The agency would simply make decisions based on written records, unless it determines that additional information or a hearing is needed.

“While employees may lack some procedural mechanisms … streamlining the process will not have a consequential impact upon the substantive outcomes of the appeals, while improving the efficiency and consistency of the process,” OPM wrote.

OPM’s proposal marks the latest change the Trump administration is making to the federal probationary period, impacting new federal hires and recently promoted federal employees. OPM said the changes would help streamline and standardize the appeals process, as well as hold probationary employees more accountable.

The Trump administration has repeatedly argued that agencies have not been effectively using the federal probationary period for decades. In the new proposal, OPM pointed to a 2005 MSPB study, as well as a 2015 Government Accountability Office report — both of indicated “pervasive” issues with the probationary period.

“To this day, poor performance in the civil service has not been adequately addressed,” OPM wrote.

Some federal workforce experts, despite agreeing there is a need for probationary period reforms, have argued that the Trump administration’s heavier focus on terminations runs counter to the core purpose of a probationary period: ensuring agencies have highly qualified employees.

OPM’s proposed regulations align with the Trump administration’s broader overhaul of the federal probationary period earlier this year. In June, OPM issued a final rule that cemented an executive order from President Donald Trump.

Under the June rule, probationary employees can be terminated for broader reasons. Agencies can now decide whether to keep probationary employees based on the needs and interests of the agency, whether a probationer’s employment would advance the organizational goals of an agency, and whether it would advance the “efficiency of the service” — on top of considering both performance and conduct.

Additionally, near the end of the probationary period, OPM now requires that agencies affirmatively certify that probationary employees should continue in their new jobs, rather than earning tenure “by default.” And if a probationary employee is being fired, agencies no longer have to give a reason why — they only need to provide a date effective, which can be as soon as “immediately.”

The Trump administration’s changes also come after agencies faced multiple legal battles earlier this year, after firing tens of thousands of probationary employees based on “performance.” In September, a federal judge ruled that the firings were unlawful. Over the course of 2025, federal employees at some agencies were reinstated, while others were re-fired.

If you would like to contact this reporter about recent changes in the federal government, please email drew.friedman@federalnewsnetwork.com or reach out on Signal at drewfriedman.11

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