Two-Year Probation? What the EQUALS Act Could Mean for Federal Employees
federal employment mspb appeals probationary periods whistleblower rights workforce legislation Dec 03, 2025Congress just moved a significant step closer to reshaping how long new federal employees must work before gaining full MSPB appeal rights. The EQUALS Act, which passed the House Oversight Committee and now heads to the full House, would extend probation for most new hires from one year to two. For GS-9 and above employees—especially those in high-pressure or politically sensitive offices—that longer window changes the terrain you operate on.
Probation is where job security is at its thinnest. Agencies can separate an employee with fewer procedural steps, and many workers understandably keep their heads down. Doubling that period means spending two full years in a more vulnerable posture before accessing the standard adverse-action protections that career civil servants rely on.
How a Two-Year Probation Would Reshape Your Risk Calculus
A longer probation period isn’t just about time; it affects behavior. The practical question many employees ask privately—“Can I safely speak up?”—takes on new weight.
Even now, probationers often describe pressure to avoid reporting discrimination, safety issues, or legal concerns. Extending probation intensifies that dynamic. Employees may feel they must tolerate inappropriate behavior or flawed decisions simply to survive the trial period. And yet, paradoxically, silence can worsen the very workplace cultures that lead to legal exposure for agencies.
But here is the part many federal employees don’t realize: probation does not erase all rights.
Your EEO and Whistleblower Rights Still Apply—Even on Day One
Whether probation lasts one year or two, you still retain full protections under the civil rights and whistleblower statutes. If you report discrimination, identify violations of law, or refuse to carry out an unlawful order, the agency cannot lawfully remove you for that reason—probation or not.
These rights matter because they shift the analysis from “no appeal rights” to “different appeal rights.” A probationer may not get an MSPB hearing for ordinary performance or conduct removals, but they do have avenues when the action is motivated by unlawful retaliation or discrimination. Too many employees give up claims they could have brought simply because they assumed probation meant they had no recourse.
The Broader Legislative Push You Should Be Watching
The EQUALS Act wasn’t the only bill advanced during the markup. Lawmakers also moved proposals affecting union official time reporting, supervisor-training requirements, and relocation reimbursement. None of these bills are law yet, but taken together, they signal a coordinated effort to reshape workforce rules and tilt greater discretion toward agencies.
For employees navigating uncertainty—especially those early in their careers—understanding these shifts is not optional. It is part of protecting your career and your well-being.
Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.
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