The CHCO Council report also noted that a subcommittee on employee conduct and poor performance is at work, with a goal of providing agencies with the necessary flexibilities to identify and address suitability, conduct, and performance issues during an appropriate probationary period and prior to the formal appointment of the employee.
For example, it noted that after a discussion of the requirement that agencies wait until the end of the application period to adjudge the suitability of an applicant, OPM sent out guidance that agencies may choose to establish policies to begin preliminary suitability/security determinations for all applicants at any time during the hiring process.
The subcommittee also is concerned in two other major areas–the general requirement that probationary periods last no more than one year even though management may consider longer periods warranted in some circumstances, and ensuring that all probationary employees in either the competitive or excepted service are excepted from adverse action procedural and appeal rights.
Both of those issues are addressed in the administration’s proposed Working for America Act, the report noted. However, that plan is considered highly unlikely to pass Congress this year.