5 C.F.R. § 315.905
Length of the probationary period
The authority to determine the length of the probationary period is delegated to the head of each agency, provided that it be of reasonable fixed duration, appropriate to the position, and uniformly applied. An agency may establish different probationary periods for different occupations or a single one for all agency employees.
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2021–2024 · leading case: Mouton-Miller v. MSPB, 985 F.3d 864 (Fed. Cir. 2021).
Mouton-Miller v. MSPB, 985 F.3d 864 (Fed. Cir. 2021). “We note that 5 C.F.R. § 315.905 grants broad discretion to agencies to “determine the length of the probationary pe- riod.”
Carlo Jimenez v. Dep't of Homeland Sec. (MSPB 2024). “¶10 In its cross petition for review, the agency reasserts that the administrative judge should have found that the appellant’s supervisory probationary period ended at midnight on February 26, 2023 because there is no “weekend rule” in the plain reading of 5 C.F.R. § 315.905 in…”
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