New Rules on Probation Period Proposed

By: fedweek

OPM in the May 1 Federal Register issued proposed rules to change policies regarding appeals rights of employees serving their probationary periods to bring them in line with recent court decisions. Previously, OPM interpreted the law to exclude probationary or trial period employees from receiving the same MSPB appeal rights—such as the right to advance notice, an opportunity to respond, and the right to appeal–as those who have completed such periods on grounds that they were not “employees” under MSPB’s jurisdiction. However, the court cases—one involving an excepted service employee and the other involving a competitive service employee—expanded the definition of who is a covered employee such that those on probationary periods but who previously completed probationary periods under other than a temporary appointment can qualify for MSPB appeal rights.