Updated Guidance on President Trump’s Executive Order Strengthening Probationary Periods in the Federal Service

Sep 21, 2026

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Memorandum issued to Chief Human Capital Officers providing updated questions and answers and revised appendices on the executive order strengthening probationary and trial periods for federal employees. It explains agency certification requirements, employee burden to show continued employment serves the public interest, and four factors used to assess fitness. It also clarifies administrative remedies, removal of MSPB jurisdiction for probationary appeals, and interim procedures for documenting terminations using processing and authority codes until new codes are issued.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages18

Reading Time45 min

AccessFree to download

Updated Guidance on Probationary and Trial Period Requirements

Key Policies Under the Executive Order

Documentation and Processing Codes for Terminations

Trial Period Requirements in the Excepted Service

Demonstrating Continued Employment in the Public Interest

August 7, 2025 Memorandum for Chief Human Capital Officers From: Veronica E. Hinton Associate Director Workforce Policy and Innovation Subject: Updated Guidance on President Trump’s Executive Order Strengthening Probationary Periods in the Federal Service On April 24, 2025, President Trump signed an Executive Order (EO) 14284 entitled,“Strengthening Probationary Periods in the Federal Service.” The EO establishes rules and policies for managing probationary and trial periods across both the competitive and excepted services. On April 28, 2025, the Office of Personnel Management (OPM) issued initial guidance to assist agencies implement the new requirements of the EO. We are issuing updated questions and answers (Qs and As) in Appendix A, and revising Appendices B, C, and E, in part, to clarify the factors used to determine if continued employment is in the public interest. In addition, we are providing new templates (Appendices G, H, and I) which may be used, at the agency’s discretion, for communicating the new probationary/trial period requirements to new employees. We are attaching appendices included in the initial guidance along with the new and revised appendices for your convenience. cc: Deputy Chief Human Capital Officers (CHCOs) and Human Resources Directors Attachments: Appendix A: (Updated) -Questions and Answers on the New Probationary and Trial Period Requirements Appendix B: (Updated) -Sample Certification Determination Notice Appendix C: (Updated) -Sample Certification Notification to Employee Appendix D: Sample Petition to the Director of OPM to Reinstate an Employee Appendix E: (Updated) -Sample Notice to Probationary and Trial Employee of Termination Date Appendix F: New Civil Service Rule XI Created by Strengthening Probationary Periods in the Federal Service Appendix G: (New) -Sample Statement to be Incorporated into Pre-Employment or Onboarding Documentation Appendix H: (New) -Sample Employee Acknowledgment of Conditions of Continued Employment Appendix I: (New) -Sample Probationary/Trial Period Language for Job Announcements Appendix A: Q&As on the New Probationary Requirements under the President’s EO titled,“Strengthening Probationary Periods in the Federal Service” (Revised by OPM-August 2025) The new or revised Qs and As are listed at the end of Appendix A Question: What are the key policies regarding probationary and trial periods set forth in the Executive Order? Answer: Agencies are to use probationary and trial periods as an extension of the hiring process that requires agency certification before employees continue their Federal employment beyond the probationary or trial period. • Employees bear the burden of demonstrating why their continued employment through the finalization of their appointment is in the public interest. • Agencies, in their sole and exclusive discretion, may consider four factors to assess whether an employee’s fitness for continued employment is in the public interest: the employee’s performance and/or conduct; the needs and interests of the agency; whether the employee’s continued employment would advance organizational goals of the agency or the Government; and whether the employee’s continued employment would advance the efficiency of the service. • If an agency fails to make this certification due to administrative error, the head of an agency may petition the Director of OPM within 30 days of the termination to reinstate the employee. • The EO removes Merit Systems Protection Board (MSPB) jurisdiction to adjudicate terminated probationary employees’ appeals, while allowing the OPM Director to set forth by regulation appeals procedures for terminated probationary or trial period employees. Question: Will OPM provide new processing codes for documenting terminations during probationary or trial periods? Answer: Yes, however, establishing new processing codes takes time. Until new codes have been established, ag

FAQs

What does the executive order require agencies to do regarding probationary and trial periods?

Agencies must use probationary and trial periods as an extension of the hiring process and complete agency certification before employees continue beyond the probationary or trial period.

What four factors may agencies consider when assessing whether continued employment is in the public interest?

Agencies may consider the employee’s performance and/or conduct, agency needs and interests, advancement of organizational goals or government goals, and advancement of the efficiency of the service.

How should agencies document terminations during probationary or trial periods before new processing codes are established?

Until new codes are created, agencies should use Rule 66 of Table 31-B in Chapter 31 of the Guide to Processing Personnel Actions, using Authority Code ZLM and Remark Code S48 with the specified termination authority language.

Sep 21, 2026

Uploaded by Bintang