Probationary Employee Regulation Changes

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these changes two prior Federal Regulations (eCFRs) (315.804 & 315.805) governing probationary period terminations were rescinded. Before June 24th, as described in an email GESTA sent to our members on February 16th under these now rescinded eCFRs (315.804 & 315.805): “management may [only] terminate a probationer for unsatisfactory performance or conduct or for ‘conditions arising before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.”

NASA HR has introduced a sharepoint page on these changes and how this transition is now being formally implemented for NASA probationary employees and their supervisors:
https://nasa.sharepoint.com/sites/OCHCO/SitePages/probationary-and-trial-periods.aspxs 
(internal)

As you can read, under these regulatory changes the probationary employee’s direct supervisor now has the responsibility to certify their continued employment past the trial period. The formal process includes a review and discussion between the supervisor and employee 90-days prior to the end of the probationary period which must be documented with HR 60-days prior to the end of the trial period. Then 30-days prior to the end of the trial period the supervisor must sign off on continued employment.

Given these new changes, and to be able to put their best case forward, we recommend probationary employees:

1. Be aware of the 90, 60 and 30 day deadlines before their trial period end date to ensure the process for employment continuation is proceeding as required.
2. Keep in contact regularly with their supervisor to provide and receive feedback on their performance to be able to address any potential issues early on.
3. Follow best practices for documenting on a regular basis (weekly or monthly) their accomplishments and any positive feedback they receive, including highlighting the impacts and benefits of their work to NASA and the public.

We also want to remind probationary employees they have the right (via their Weingarten rights) to have a union representative present in any discussions with their supervisor or management related to their trial period end, and their continued employment. We invite you to stop by the GESTA conference room in B23, Rm W131 to grab a business card with a summary of your Weingarten rights. Please contact GESTA or send an email directly to any GESTA officer to request your union representation in these discussions. And in the case your employment is discontinued at any point during or at the end of your probationary period, please reach out immediately to the Union to understand your options. GESTA is also currently reaching out to our IFPTE union for further guidance on these changes for probationary employees, and we will pass on any additional information we receive.