Questions & Answers with Emily

What is a termination?  How is it different than a removal?

The word "termination" has a specific meaning in federal human resources. A termination is an action that ends the employment of a federal employee that is serving in a probationary or trial period. A removal is an action that ends the employment of an employee that has completed their probationary or trial period. In a removal action, the agency must provide due process to the employee (30 days advance notice, an opportunity to respond, and final written decision; review the following section for more information on removals: Disciplinary and Adverse Actions). Due process is generally not required for employees that are terminated during a probationary or trial period.

What is the difference between a probationary and trial period?

A probationary period applies to employees in the competitive service and generally lasts for the first year of employment. 

A trial period applies to employees in the excepted service and generally lasts for the first two years of employment.

Usually, employees are only required to serve one probationary or trial period; however, be aware there may be times that an employee is required to serve an additional period (for example, if an employee transitions to a new job series or agency or if an employee has a break in service over 30 days, they may be required to serve a new probationary or trial period).

How do I know if I am a probationary or trial employee?

The standard form 50 (SF-50) that you receive for your appointment to the federal service should state whether you are subject to a probationary or trial period and the length of that period. But be careful - mistakes can be made!  I have seen many SF-50s that incorrectly state probationary or trial period requirements.  Additionally, you should be aware that prior federal civilian service can count toward completion of a probationary or trial period.  Generally, that prior service must be with the same agency, in the same line of work, and contain (or be followed by) no more than a single break in service that does not exceed 30 calendar days.  It is not uncommon for employees to be incorrectly designated as probationary or trial period employees because their prior federal service was not properly accounted for.

I recommend that you ask a human resources specialist at your agency how they see you categorized in their system of record and then review your own SF-50s to verify.  Every federal employee can (and should!) obtain a copy of their electronic official personnel file (eOPF).  This should be the first step for any employee who receives a notice of termination during a probationary or trial period.  It is imperative that you verify whether the agency has correctly determined your probationary or trial period status. If you contact me for legal advice and guidance, I can review these records with you to verify your status and discuss your options. 

If I am a probationary or trial employee and I'm not entitled to due process, what options do I have to challenge a termination?

Options to challenge a termination are more limited for employees serving in a probationary or trial period.  You may appeal a termination to the Merit Systems Protection Board (MSPB) only if you believe the action was taken based on political affiliation or marital status, or if the termination was based on conditions arising before your federal employment.  Review the following section to learn more about the MSPB process: MSPB Appeals.

However, you may still be able to utilize the Equal Employment Opportunity (EEO) complaint process if you believe the action was taken for discriminatory reasons or contact the Office of Special Counsel (OSC) if you believe the action was taken in reprisal for protected whistleblower activity. Review the following sections to learn more about the EEO and OSC processes: EEO Complaints and Whistleblower Protection.

How do the new rules regarding probationary and trial employees impact me?

In April 2025, Executive Order 14284, "Strengthening Probationary Periods in the Federal Service," began requiring federal agencies to affirmatively certify that the continued employment of employees serving a probationary or trial period advances the public interest. Previously, if the federal agency did not take any action at the end of an employee's probationary or trial period, the employee would automatically become non-probationary and would generally obtain full appeal rights.  Now, agencies must take affirmative action to retain probationary or trial employees. Employees may be automatically terminated if they are not certified by their agency. The order also provides specific timelines for the agency to meet with employees and complete certification. 

Most importantly, the order expands the reasons that managers may use to terminate probationary and trial period employees.  The order states that the agency may determine the employee's continued employment does not serve the public interest and may terminate for any of the following reasons:

• the employee’s performance and conduct,

• the needs and interests of the agency,

• whether the employee’s continued employment would advance organizational goals of the agency or the Government, or

• whether the employee’s continued employment would advance the efficiency of the service.

Previously, the agency was generally required to point to specific performance or conduct issues to terminate a probationer.  Now, your agency can terminate you during a probationary or trial period even if you are a high performer and you have not engaged in misconduct.