Ask FELTG: What are the most significant changes to the rules for Federal probationary employees?

December 9, 2025

Here’s the full question that came into the FELTG email:

Dear FELTG:

There have been a lot of changes (and lawsuits!) related to probationary employees, reasons for their terminations, and potential appeal rights. What are the most significant changes we should be aware of?

And our response:

It certainly has been a year of change, and while those changes related to probationers are too extensive to list here, we’ll highlight three below. Please note, all this information comes from new Civil Service Rule XI found at 5 CFR Part 11 – which essentially replaced 5 CFR Part 315, Subpart H.

  1. There is no longer a requirement for agencies to provide due process to probationers who are being terminated for pre-appointment reasons.
  2. There is no longer an MSPB appeal right for probationary terminations based on marital status or partisan political activity (there previously has been under 5 CFR 315.806).
  3. The grounds for terminating a probationer for post-appointment reasons have been clarified and expanded. In addition to listing performance or conduct issues as valid reasons, additional justifications now include (a) the needs and interests of the agency, (b) the organizational goals of the agency or the government, and/or (c) the efficiency of the service.

There are several additional changes, so we’d recommend reading the new rules for yourself, and attending an upcoming FELTG training class to ensure you’re updated with the very latest. info@feltg.com

Related training:

The information presented here is for informational purposes only and not for the purpose of providing legal advice. Contacting FELTG in any way/format does not create the existence of an attorney-client relationship. If you need legal advice, you should contact an attorney.