§ 11.5 Completion of probationary or trial period

5 CFR 11.5(a)(a) Agencies shall utilize probationary and trial periods required upon initial appointment or subsequent reinstatement to evaluate employees' fitness and whether their continuation of employment advances the public interest. If not terminated sooner, an employee's service terminates before the end of the tour of duty on the last day of their probationary or trial period unless their agency certifies within the 30 days prior to that date that finalizing their appointment advances the public interest.

5 CFR 11.5(b)(b) A probationary or trial period ends when the employee completes his or her scheduled tour of duty on the day before the anniversary date (or, as applicable, 2-year anniversary date) of the employee's appointment. For example, when the last workday is a Friday and the anniversary date is the following Monday, a probationer will be separated before the end of the tour of duty on Friday if their agency does not make the requisite certification that their continued appointment advances the public interest.

5 CFR 11.5(c)(c) An employee on a probationary or trial period bears the burden of demonstrating why their continuation in employment through the finalization of their appointment to the Federal service is in the public interest.

5 CFR 11.5(d)(d) In determining whether it is in the public interest to finalize the appointment to the Federal service of an employee in a probationary or trial period, the agency head, or his or her designee, may consider, in his or her sole and exclusive discretion:

5 CFR 11.5(d)(1)(1) The employee's performance and conduct;

5 CFR 11.5(d)(2)(2) The needs and interests of the agency;

5 CFR 11.5(d)(3)(3) Whether the employee's continued employment would advance organizational goals of the agency or the Government; and

5 CFR 11.5(d)(4)(4) Whether the employee's continued employment would advance the efficiency of the service.

5 CFR 11.5(e)(e) Each agency head shall designate, in writing, one or more agency officials responsible for evaluating the continued employment of employees serving an initial probationary or trial period in the Federal service. The agency head should limit such designations to officials who can properly assess the needs and interests of the agency, the organizational goals of the agency or the Federal Government, and the efficiency of the service.

5 CFR 11.5(f)(f) At least 60 days before the end of an employee's initial probationary or trial period, an official designated under paragraph (e) of this section shall meet with the employee to discuss the employee's performance and conduct, based in part on input from the employee's supervisor; the needs and interests of the agency; and whether the employee's continued employment would advance the public interest, the organizational goals of the agency or the Federal Government, and the efficiency of the service.

5 CFR 11.5(g)(g) Within 30 days before the end of an employee's initial probationary or trial period, the agency head or an official designated under paragraph (e) of this section shall determine, consistent with this section and other applicable law, whether to finalize the employee's appointment to the Federal service or terminate the employee's service.

5 CFR 11.5(h)(h) Before finalizing an employee's appointment to the Federal service at the conclusion of the probationary or trial period, the agency head or an official designated under paragraph (e) of this section must certify in writing that the employee's continued employment will advance the public interest.

5 CFR 11.5(i)(i) Before an agency terminates the service of an employee serving a probationary or trial period, it shall notify such employee in writing as to the effective date of the action.

5 CFR 11.5(j)(j) If an agency fails to make a certification under Civil Service Rule 11.5 due to an administrative error, the agency head may petition the Director of OPM within 30 days from the date of termination to reinstate the employee.

5 CFR 11.5(k)(k) This section shall not apply to an employee serving a probationary period due to being promoted, transferred, or otherwise assigned, for the first time, to a supervisory or managerial position, unless such employee is required to concurrently serve both a probationary period in a supervisory or managerial position and a probationary or trial period following initial appointment or reinstatement under this Civil Service Rule.