PolicyBrief
H.R. 1989
119th CongressMar 10th 2025
Protect Our Probationary Employees Act
IN COMMITTEE

The "Protect Our Probationary Employees Act" allows federal employees involuntarily separated from service between January 20, 2025, and January 20, 2029, to resume their probationary period if reappointed to a similar position.

Sarah Elfreth
D

Sarah Elfreth

Representative

MD-3

LEGISLATION

Federal Bill Allows Resumption of Probationary Periods for Rehired Employees Separated Between 2025-2029

The "Protect Our Probationary Employees Act" introduces a specific rule for federal employees serving a probationary or trial period who are involuntarily let go between January 20, 2025, and January 20, 2029. If these individuals are later reappointed to a similar job within the same Executive agency, Section 2 dictates that their probation clock doesn't fully reset; instead, it picks up exactly where it left off.

Back on the Clock: How It Works

Think of it like pausing a timer. If a federal employee is in, say, month 9 of a 12-month probationary period and is involuntarily separated during the specified timeframe (Jan 2025 - Jan 2029), getting rehired into a comparable role at their old agency means they only have the remaining 3 months of probation to complete. The bill defines this reappointment as a "covered appointment." This provision applies specifically to employees within "Executive agencies," which generally covers most cabinet departments and independent agencies (as defined in title 5, section 105 of the U.S. Code).

The Nitty-Gritty: Conditions and Sunset

Several conditions apply here. The separation must have been involuntary, and the reappointment must be to a similar position within the original agency. This isn't a blanket restart for anyone returning to federal service; it's targeted at a specific group under specific circumstances. Importantly, this entire mechanism has an expiration date: the rules outlined in Section 2 cease to apply after January 20, 2029. This sunset clause means it's designed as a temporary measure tied to that specific four-year window.

Potential Impacts: Consistency vs. Scrutiny

For affected employees, this could mean a smoother return without facing a full probationary period again, potentially easing reentry into their careers. For agencies, it provides a standardized procedure for handling these specific rehires during the designated period. However, the practical application hinges on consistent interpretation of terms like "similar position" across different agencies. While it avoids restarting the clock, employees returning under this provision are still under the microscope for the remainder of their original probationary term.