HR7 | Effectively Implementing a Probationary Notification System

  • Session Number: HR7
Friday, August 20, 2021: 2:00 PM - 3:15 PM

Speaker(s)

Presenter
Robert Erbe
Attorney
Law Office of Robert P. Erbe, PLLC

Description

This is a cross-over session between the HR and LR/ER program tracks.

In October 2020, OPM amended the federal personnel regulations to require agencies to notify supervisors that an employee’s probationary period is ending, at both the three-month and one-month dates prior to the expiration of the probationary period. Thereafter, supervisors must make an affirmative decision regarding the employee’s fitness for continued employment or otherwise take appropriate action. While the OPM final rule may be rescinded, agencies should already have had such supervisory notification in their toolbox. Setting up a proper notification system, however, is not as simple as it seems. Instead, it is a complex maze of laws, regulations, and case law. Mr. Erbe will navigate you through this complicated area of federal personnel law. You'll leave knowing how to properly terminate probationary employees — starting with the all-important determination of whether an individual is an “employee” under Title 5 entitled to full protections.


Track(s)


Learning Objectives

-Understand the purpose of the probationary period
-Navigate the maze of the different appointment authorities to determine if the individual is an “employee” under Title 5
-Explore other unique issues relating to probationary terminations


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