The probationary period — rights, risks, and what changed in 2025.

The federal probationary period has always been the weakest point in a new employee's career. Historically, probationary employees could be terminated with minimal process, had no right to an MSPB appeal on performance grounds, and enjoyed almost no procedural protections against removal. What changed in 2025 is that the probationary period is now a bigger risk than it used to be — because completing it no longer guarantees you anything. The agency must now take an affirmative act to keep you. The absence of that act terminates you.

This article explains how the probationary period works in 2026 under the revised rules, what EO 14284 changed, the limited appeal rights probationary employees still have, how to tell where you stand on your SF-50, and what to do if you are approaching the end of your probationary or trial period or if you have been terminated during one. Everything reflects rules in effect as of April 2026.

Section I The basics — duration and who serves one

A probationary period is the final stage of the federal hiring process. You are hired, you report for duty, you draw a paycheck, you accrue leave, you contribute to TSP — but your appointment is not finalized. The agency retains broad discretion to decide whether to keep you. The period exists so that problems not visible at the interview — performance issues, conduct problems, poor fit — can be addressed before the employee becomes harder to remove.

Standard durations under Civil Service Rule XI (5 CFR Part 11), effective July 24, 2025:

Appointment Type	Duration	Key Authority
Competitive service — new hire	1 year	5 CFR 11.2
Excepted service — preference-eligible veteran	1 year	5 CFR 11.3(a)
Excepted service — non-preference-eligible	2 years	5 CFR 11.3(a)
New supervisor or manager (any grade, any tenure)	1 year (varies by agency)	5 CFR 315 subpart I
New SES career appointee	1 year	5 CFR 317 subpart I

Two features of probation that catch federal employees by surprise. First, probation is position-specific for supervisors — if you are a fully tenured GS-13 analyst and you accept a first supervisory position, you serve a one-year supervisory probation. Failure during that period typically results in return to your prior non-supervisory grade, not separation. Second, prior federal civilian service counts toward probation under 5 CFR 11.4 if it was in the same or a similar position; a rehire after a break in service may inherit prior probationary credit.

Section II EO 14284 and Civil Service Rule XI

President Trump signed Executive Order 14284, "Strengthening Probationary Periods in the Federal Service," on April 24, 2025. The order was published at 90 FR 17729. It took effect immediately as to most provisions; the certification requirements under Section 5(b)-(d) and Civil Service Rule 11.5 became effective 90 days after signing, on July 24, 2025. OPM rescinded the prior regulations at 5 CFR 315 subpart H on June 24, 2025.

The order does four things:

1. Creates a new Civil Service Rule XI (5 CFR Part 11) governing probationary and trial periods, replacing the rescinded 5 CFR 315 subpart H
2. Requires an agency to affirmatively certify in writing that a probationer's continued employment will advance the public interest before the appointment is finalized
3. Sets a 30-day window before the end of probation during which the certification must be made
4. Provides that failure to certify results in termination by operation of law on the last day of the probationary period, without requiring the agency to demonstrate any performance or conduct problem

The order's purpose, as stated in the text, is to prevent probationary employees from "automatically" becoming tenured in the absence of affirmative agency action. The stated policy concern is that agencies historically did not use probation as a genuine assessment period — employees drifted into tenure by default. The order's solution is to make certification an affirmative, documented step rather than the absence of termination.

OPM issued initial implementation guidance on April 28, 2025, and supplemental guidance on August 7, 2025, covering terminations, the ZLM authority code, documentation requirements, and the sample certification templates. Agencies have been directed to set automated alerts at 90 and 30 days before probationary periods end.

Section III The certification requirement

Under 5 CFR 11.5, the agency head or a designated official must, within the 30 days prior to the end of the probationary or trial period, certify in writing that the employee's continued employment advances the public interest. Civil Service Rule XI specifies four non-mandatory criteria the agency may consider:

• The probationary employee's performance and conduct
• The needs and interests of the agency
• Whether continued employment would advance the organizational goals of the agency
• Whether continued employment would advance the efficiency of the civil service

If the certification is not made, the appointment expires by operation of law on the last day of the employee's tour of duty on the last day of the probationary or trial period. No separate termination action is required. OPM's August 2025 supplemental guidance provides that in rare cases where the agency fails to certify and fails to out-process the employee in time, the agency may petition OPM under 5 CFR 11.5(f) for reinstatement. If OPM declines the petition, the agency must take prompt action to terminate the employee and collect any debts.

The burden is structurally reversed from prior practice. Historically, the burden was on the agency to demonstrate cause for probationary termination. Now the probationer effectively bears the burden of demonstrating that continued employment advances the public interest — if the agency does not certify, the default is separation.

Section IV How probationary termination works

Two distinct termination scenarios exist. Understanding the difference matters because your rights depend on which one applies.

Termination during probation (mid-term)

An agency can terminate a probationary employee during the probationary period with minimal process. The typical action is a written notice stating the effective date and the general reason — often as brief as "not a good fit," "performance not up to standard," or "needs of the agency." There is no required advance notice, no right to reply, no obligation to produce evidence, and no required response period. Under OPM guidance, agencies are using Authority Code ZLM and Remark Code S48 to document terminations citing EO 14284 — specifically so that these terminations are not coded as performance- or conduct-based, which would carry different consequences.

Termination by non-certification (end of period)

The second scenario is the new one. If your probationary period ends and your agency has not certified you, your appointment expires by operation of law. The agency is not terminating you for cause; the appointment simply does not continue. Under OPM guidance, agencies should nonetheless provide advance written notice of the effective date, though timing is tight and the process provides no opportunity to respond.

In both scenarios, documentation is filed in an adverse action case file (or equivalent). The certification itself, if made, is not placed in your eOPF but is retained by the agency for one year under OPM's Govt-1 SORN.

Section V Appeal rights — narrow and narrower

Probationary employees have never had broad appeal rights. They have been narrower since 2025. Two venues still matter, and a third is in transition.

The MSPB (historical, transitional)

Under the rescinded 5 CFR 315 subpart H, a probationary employee could appeal to the MSPB in limited circumstances — specifically partisan political or marital-status discrimination, or failure to follow procedures for terminations based on pre-appointment conditions. For terminations before the EO 14284 transition date, MSPB jurisdiction may still apply under 5 CFR 315.806, case-by-case. The MSPB heard and reinstated a number of probationary employees in the 2025 mass-firing litigation.

OPM (the new adjudicator)

OPM proposed a rule in December 2025 to replace the MSPB as the adjudicating body for probationary appeals under Civil Service Rule XI. Under the proposal, appeals are limited to:

• Discrimination based on partisan political reasons
• Discrimination based on marital status
• Failure to follow procedures for terminations based on pre-appointment conditions

OPM adjudicates on the written record without discovery, and hearings are discretionary rather than guaranteed. Claims of unlawful discrimination under statutes administered by the EEOC cannot be attached to an OPM appeal; those must be pursued separately through the EEOC process.

The EEOC (unchanged)

Probationary employees remain eligible to file EEO complaints alleging discrimination on statutorily protected grounds — race, color, religion, sex, national origin, age, disability, genetic information, reprisal. The 45-day counselor-contact deadline still applies. See EEO Complaints — Filing Process & Timelines for the full process.

The OSC (prohibited personnel practices)

Probationary employees may file complaints with the Office of Special Counsel alleging prohibited personnel practices under 5 U.S.C. 2302. Termination motivated by a prohibited personnel practice — partisan political reasons, whistleblowing reprisal, coercion of political activity — may be actionable even for a probationer. Civil Service Strong and other advocacy groups filed an OSC complaint covering at least 26 agencies in the 2025 mass-termination actions, and the OSC sought MSPB stays.

The strategic point: if you were terminated for a reason that could be characterized as political, discriminatory, or retaliatory, you may have grounds at the EEOC or OSC even if OPM has no jurisdiction. Election of remedies rules matter — filing with one body can foreclose another. Getting counsel quickly is the difference between preserving options and losing them.

Section VI The 2025 mass firings

Beginning around February 12, 2025, approximately 25,000 probationary federal employees were terminated in mass actions across multiple agencies — Departments of Defense, Veterans Affairs, Agriculture, Energy, Interior, and Treasury among those most affected. The terminations became the subject of extensive litigation.

If you were terminated during this period, deadlines for remedies have been tight — some as short as 30 days from the effective date. Many employees got their jobs back on paper but spent months in legal limbo. Some remedies remain available depending on the specific circumstances and the forum chosen. If this describes your situation, consult with an employment attorney or union representative as soon as possible; the window continues to narrow.

Section VII Reading your SF-50 for tenure status

Your current tenure status is on your most recent SF-50 (Notification of Personnel Action). The key field is Block 24 — Tenure.

Tenure Code	What It Means	Your Rights
1 — Career	Permanent, past probation and past 3-year conditional period	Full procedural rights under Chapter 43 and Chapter 75
2 — Career-Conditional	Permanent but within first 3 years of federal civilian service	Same procedural rights as Tenure 1; 3-year period is about RIF retention, not discipline
3 — Probationary / Trial	Not yet tenured	Limited rights as described in Section V
0 or blank	Indefinite, temporary, or other — consult HR	Varies by appointment type

Note that even completing probation and moving from Tenure 3 to Tenure 2 under Civil Service Rule XI now requires the agency's affirmative certification. A tenure code change on a new SF-50 issued after your probationary end date is the visible sign that certification occurred. If your probationary period has ended and your SF-50 still shows Tenure 3, raise it with HR immediately — either the certification happened and the SF-50 hasn't been updated, or the certification did not happen and you are at risk of separation.

For the full walkthrough of every SF-50 block, see Understanding Your SF-50 in the Career & Pay pillar.

Section VIII Strategy if you are on probation now

Section IX Frequently asked questions