H.R. 5750 — EQUALS Act of 2025

This section establishes a mandatory probationary period of 2 years (1 year for preference eligibles) for initial appointments to competitive service positions (previously, a discretionary period as warranted by good administration), during which agencies must evaluate employee fitness and certify to the Director of the Office of Personnel Management, within 30 days before the period ends, that the employee's continued employment advances the public interest—considering performance, conduct, agency needs, organizational goals, and civil service efficiency—or terminate the employee with prior written notice. (Thus, appointments do not become final, conferring full civil service protections, absent such certification and demonstrated performance to the supervisor via agency metrics.) For positions requiring formal training (i.e., programs required by law, rule, regulation, or agency to perform duties) or a license (i.e., certification or permission for an activity), the probationary period begins on the appointment date and ends 2 years (1 year for preference eligibles) after training completion or license issuance. This section requires agency heads to (1) state probationary terms, including training or licensing, in vacancy announcements and offers; (2) provide timely notice of performance requirements; (3) notify supervisors of probation end dates at 1 year, 6 months, 3 months, and 30 days prior; and (4) submit certifications for retention with supporting statements as prescribed by the President. Agencies may reinstate terminated employees for administrative errors via OPM petition within 30 days, with backpay; the provision applies to certain Veterans Affairs appointments notwithstanding other hiring authorities but excludes supervisory or managerial probationary periods (unless concurrent with initial appointment probation), Postal Service or Postal Regulatory Commission employees, and congressional positions; it subjects the President's general probationary authority to these rules and extends the Senior Executive Service exclusion to all subsections.

This section establishes a trial period for appointments to positions in the excepted service (i.e., federal civil service positions exempt from competitive hiring examinations), requiring 2 years of service (1 year for preference eligibles). It specifies that (1) an employee transferred, promoted, demoted, or reassigned within the excepted service before completing the trial period must serve the remainder in the new position; (2) an individual reappointed after separating from civil service for more than 30 days must serve a new trial period unless appointed to the same or a substantially similar position in the same agency; and (3) the requirement does not apply to agencies or employees specified in 5 U.S.C. §3321(c)(6)(B). The section takes effect 1 year after enactment and applies to appointments on or after that date.

This section adds 5 U.S.C. §§3321 and 3321a—relating to probationary periods after initial appointment and trial periods for certain initial employment, respectively—to the list of title 5 provisions that do not apply to FAA and TSA personnel management authorities under 49 U.S.C. §40122. (Thus, the agencies may establish their own policies for employee probationary and trial periods.)

This section revises federal civil service protections under 5 U.S.C. §§ 4303(f), 7501(1), and 7511(a)(1) to increase the current continuous employment or service requirement for non-preference eligible employees to qualify for adverse action procedures to 2 years (from 1 year), while maintaining the 1-year requirement for preference eligibles (i.e., veterans and certain others entitled to hiring preference). The changes take effect 1 year after enactment and apply to individuals appointed to competitive or excepted service positions on or after that date.

This section requires the Director of the Office of Personnel Management to issue regulations as necessary to carry out this Act and its amendments not later than 180 days after the date of enactment.