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FMA Washington Report: October 13, 2021
A Two-Year Probationary Period for the DoD, If We Can Keep It

In the Fiscal Year 2015 National Defense Authorization Act (NDAA), FMA succeeded in securing a two-year probationary period for the Department of Defense (DOD). This two-year probationary period serves a critical role in ensuring that managers have the necessary time to properly train and assess new hires. This period is of benefit to both managers and to new employees, as it spares managers from having to choose to either prematurely remove an employee who may prove to be an exemplary federal employee with additional training, or to allow someone to pass out of the probationary period who will never be capable of properly executing their role, making them exceptionally difficult to remove.

Unfortunately, this two-year probationary period is under fire. Section 1108 of the House-passed FY2022 NDAA would repeal the 2-year probationary period, despite the fact a Congressionally-mandated study on the efficacy of the two-year probationary period, championed and won by FMA in the 2020 NDAA, has yet to issue a report. Our sources at the RAND Corporation, which is conducting the study, have confirmed there have been no findings issued either publicly or privately, and that there will be no report out in time for FY2022.

Our current efforts on this are focused on the Senate. The Senate version of the NDAA does not include a similar provision, and we are working to keep it that way. FMA is meeting with key legislators and staffers on SASC. The facts are on our side here. Commissioning a study at enormous public expense, only to lose patience before it has time to produce the data needed to allow for good policymaking is clearly unreasonable. Protecting the two-year probationary period remains a top priority for FMA.

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