The 2016 National Defense Authorization Act (NDAA) allowed the Department of Defense (DOD) to extend a two-year probationary period for new employees. This is good for managers and for potential employees as it allows managers the time needed to properly train and assess new hires for complicated positions that require significant amounts of time and allows them to avoid having to make a hire-or-fire call on someone who has not yet completed their training.

Unfortunately, there are currently efforts underway to roll this back and replace it with a one-year probationary period. This would result in managers being forced to choose to either roll the dice on an employee who might or might not shape up to become productive and effective in their assigned role, or to fire them before the probationary period expires. The result of this would be that some people who would have been excellent if they were allowed to finish their training will be fired, and others who do not have what it takes to be effective employees will become extremely difficult to remove.

Congress ordered a comprehensive report on DOD’s use of the 2-year probationary period in the FY 2020 NDAA. FMA supported this effort, to provide legislators with detailed information to make evidence-based decisions. This study, ordered by Congress, has not yet been finalized, submitted to Congress, or analyzed. However the House version of the Fiscal Year 2022 NDAA, recently passed by the House Armed Services Committee, inexplicably includes a provision that would switch DOD new hires to a 1-year probationary period. FMA National President Craig Carter sent a letter to all members of the House and Senate urging that Congress take no action on DOD’s probationary period until after the study, calling any premature action irresponsible and irrational.

FMA will continue to work to remove this rash, reckless, uniformed provision from the final NDAA conference report.