Strengthening Probationary Periods in the Federal Service
Summary
This executive order aims to strengthen probationary periods for federal employees. It directs agencies to more effectively use these periods to assess new hires and remove underperforming employees. The order also repeals Civil Service Rule 2.4 and introduces Civil Service Rule XI, requiring agencies to affirmatively determine that continued employment of probationary employees benefits the federal service before finalizing their appointments.
Expected Effects
The likely effect is a more rigorous evaluation process for new federal employees during their probationary periods. This could lead to a higher rate of termination for underperforming employees and a workforce perceived as more efficient and dedicated. It also shifts the burden to the employee to demonstrate why their continued employment is in the public interest.
Potential Benefits
- Potentially improved efficiency and effectiveness of the federal workforce.
- Greater accountability for new federal employees.
- Opportunity for agencies to remove poor performers early in their tenure.
- Cost savings from not retaining underperforming employees.
- May incentivize better performance from probationary employees.
Most Benefited Areas:
Potential Disadvantages
- Potential for increased job insecurity among new federal employees.
- Risk of bias or discrimination in evaluation and termination decisions.
- Possible chilling effect on innovation and risk-taking due to fear of termination.
- Increased administrative burden for agencies to conduct thorough evaluations.
- Potential loss of valuable employees due to overly strict evaluation criteria.
Constitutional Alignment
The executive order cites the President's authority under the Constitution and 5 U.S.C. §§ 3301 and 3302, which relate to civil service appointments. While the Constitution grants the President executive power, the extent of that power in regulating federal employment is subject to interpretation and legal challenges. The order does not appear to directly infringe on any specific constitutional rights, such as those protected by the First Amendment.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).