5 C.F.R. § 316.304
Probationary period
(a) The first year of service of a term employee is a probationary period regardless of the method of appointment. Prior Federal civilian service is credited toward completion of the required probationary period in the same manner as prescribed by § 11.4 of this chapter.
(b) The agency may terminate a term employee at any time during the probationary period. The employee is entitled to the procedures prescribed by the Director of the Office of Personnel Management under § 11.6 of this chapter.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 1983–2026 · leading case: Hondros v. United States Civil Serv. Comm'n, 720 F.2d 278 (3rd Cir. 1983).
Hondros v. United States Civil Serv. Comm'n, 720 F.2d 278 (3rd Cir. 1983). “” 5 C.F.R. § 316.304 (a) (1983). Term employees during the trial period are accorded the same procedural rights as career-conditional employees during the period of probation.”
Fernandez v. United States, 12 Cl. Ct. 764 (Ct. Cl. 1987). “Defendant argues that such an appointment made plaintiff a term employee subject to removal during the trial period mandated by 5 C.F.R. § 316.304 . This federal regulation provides that a term employee’s first year of service is a trial period during which the agency may…”
Norma Nielsen v. Dep't of the Army (MSPB 2024). “IAF, Tab 10 at 62; see 5 C.F.R. § 316.304 . Effective March 28, 2017, the agency terminated the appellant’s appointment during her trial period, alleging that she failed to follow instructions, went outside of the chain of command, did not accept opportunities provided to her,…”
Joseph v. United States (Fed. Cir. 2026). “2 1 This regulation was subsequently rescinded and replaced by 5 C.F.R. § 316.304 . See Off. of Personnel Mgmt.”
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