Agencies were told to identify all probationary employees along with a determination on whether they should be retained. Image: ilikeyellow/Shutterstock.com
By: FEDweek StaffOPM called the attention of agencies to policies on probationary periods and use of administrative leave, as the Trump administration undertakes a review of the federal workforce with an eye on potentially significant downsizing.
The guidance at chcoc.gov notes that during the probationary period—typically one year in the competitive service and two years in the excepted service—employees can be fired without full appeal rights to the MSPB. It tells agencies to identify all employees in that status to OPM along with a determination of “whether those employees should be retained at the agency.”
OPM also noted that under rules recently finalized by the Biden administration—which it did not suggest it intends to change—agencies can grant administrative leave (also called excused absence) at their discretion in certain situations. Those include if the absence is directly related to the agency’s mission, is officially sponsored or sanctioned by the agency, will enhance the professional development or skills of the employee in the employee’s current position, or is in the interest of the agency or of the government as a whole.
“Placing an employee on paid administrative leave may be an appropriate action where the agency component in which the employee works is being eliminated or restructured, or where the agency weighs changes to the individual’s role at the agency as part of a workforce realignment. It also may be appropriate when a new agency manager determines that the absence of the employee from the office ‘is in the interest of the agency or of the government as a whole,’” it says.
“Agencies are encouraged to use flexibilities associated with paid administrative leave as they implement agency restructuring initiatives or determine the best ways to manage agency components going forward,” it says.
It also notes that agencies have discretion to detail employees among their subcomponents for up to 120 days by written order, which “may provide additional flexibilities to agencies during the transition period and as agencies undertake reorganization efforts and close offices.”
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