The report argues for changing the statue and
regulations to give agencies the flexibility to set
the length of the probationary period.
It said Congress should clarify in U.S.
Code that probationary employees are not entitled
to full employee protections even if in government
service for over one year, and that the Office of
Personnel Management should establish procedures
to prevent probationers from becoming full
employees in the absence of agency action.
Rather, it said that in the absence of certification
that employment should terminate upon the end
of the probationary period — possibly through
the use of a “not-to-exceed date.”
“Supervisors should be held accountable for
using the probationary period fairly, fully, and
in the best interest of the federal government,”
as part of their “intrinsic” responsibility to
judge subordinates and take appropriate action,
according to MSPB.
It said probationers should be notified prior
to accepting a job officer of what their status
entails, and agencies should support supervisors
in using the probationary period as such,
for example by giving supervisors the “opportunity
to recruit for the right fit, rather than being
put in the position of having either the
marginal-unsuccessful probationer or nobody at all.”
MSPB recommended means to terminate probationers
that do not meet performance and conduct standards
established by the supervisor and agency.
