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You can now find GESTA on Bluesky (https://bsky.app/profile/gesta-goddard.bsky.social) and Instagram (https://www.instagram.com/gesta.goddard/).
On June 24, 2025 changes to the regulations guiding probationary employees and termination\separation conditions were published in the Federal Registrar (90 FR 26727). With these changes two prior Federal Regulations (eCFRs) (315.804 & 315.805) governing probationary period terminations were rescinded. Before June 24th, as described in an email GESTA sent to our members on February 16th under these now rescinded eCFRs (315.804 & 315.805): “management may [only] terminate a probationer for unsatisfactory performance or conduct or for ‘conditions arising before appointment’" and transitioning from probationary status occured one or two years post employment and “does not depend on any paperwork being filed or processed.” Under the June 24th amended regulations this is no longer entirely the case.
Under the new regulations eCFR Title 5, Chapter I, Subchapter A § 11.5 termination under probationary status can be justified by unsatisfactory performance but also if the agency determines the person’s employment is no longer “in the public interest”. In addition, continued employment after the 1 year or 2 year (for excepted service employees who do not have veterans preference) trial period is no longer automatically granted. Instead the agency must “certify” the employee’s continued employment 30-days prior to the probationary period end date. If this certification does not happen the employee is automatically separated from service. This new regulation does 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.” In negotiations with NASA Goddard Protective Services and the Labor Relations Office, Protective Services has agreed to the following statement concerning the use of badge swipe data and Closed-Circuit Television (CCTV) footage:
“The Goddard Space Flight Center, to include all component locations, utilizes a series of Electronic Physical Security Access Control (EPACS) Devices and Closed-Circuit Television (CCTV) network to maintain the protection and observation of the Center and facilities. These devices monitor the access authorization for employees, contractors and visitors to enter the center or buildings and provide notice to Security Police Officers if a person does not have authorization to enter the facility. The CCTV system is deployed at all entry control points and other areas as required for the Center and facilities. These devices are not used for time and attendance nor are they provided to managers for daily time and date verification. The system records can be utilized by NASA Protective Services and the Office of the Inspector General during any investigation. A supervisor cannot request employee verification of a specific time/date of entry due to a time card discrepancy. While extremely rare, if OPS or the OIG received a credible allegation of time card abuse/fraud, the right to use all available evidence in support of the official investigation will be utilized. Any request for access to Protective Services systems must be approved by the Chief of Protective Services.” We are introducing a new Blog section of our website to more easily and regularly share announcements, news, information and articles with our membership. Please watch this space!
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