The Executive Order aims to reform how federal agencies evaluate employees during their probationary periods by fundamentally shifting the burden of proof to require affirmative agency approval before employees receive tenure. Identifying what the order characterizes as a systemic failure of agencies to properly screen out underperforming employees during probationary periods, the order establishes a new framework requiring explicit certification that an employee's continued employment would benefit the public interest. This represents a significant departure from current practice, where employees automatically transition to permanent status unless agencies take action to remove them, a problem previously highlighted by the Government Accountability Office and the Merit Systems Protection Board according to the order.
The order institutes a new Civil Service Rule XI that supersedes existing regulations in the Code of Federal Regulations (specifically subpart H of part 315 of title 5) governing probationary periods. The new rule fundamentally alters the completion process for probationary periods by establishing that an employee's service automatically terminates at the end of their probationary period (generally one year for competitive service and up to two years for excepted service) unless agency leadership actively certifies within the 30 days prior that finalizing their appointment advances the public interest. The order places the burden on probationary employees to demonstrate their value to the federal service and grants agency heads or their designees "sole and exclusive discretion" to evaluate employees based on performance, conduct, agency needs, and whether continued employment advances organizational goals and efficiency.
Implementation begins immediately, with the substantive certification requirements taking effect 90 days after issuance. Within 15 days, agency heads must identify all employees currently serving probationary periods ending 90 or more days from the order's date and designate officials responsible for evaluating these employees. The designated officials must meet with probationary employees at least 60 days before the end of their probationary period to discuss performance, conduct, and alignment with agency needs. Then, 30 days before period completion, officials must determine whether to finalize the appointment or terminate service, with written certification required for continued employment. The order creates a limited appeals process, with the Director of the Office of Personnel Management authorized to prescribe circumstances and procedures for terminated probationary employees to challenge their removal, though the order specifies this will be the "sole and exclusive means" of appeal except where otherwise required by law.