Employment Probationary Period: What Changes and What to Watch For
What This Clause Does
A probationary period is a defined window (typically 30 to 90 days) during which you're being formally evaluated. Some companies use this as a formality; others use it to apply different rules, such as shorter notice periods, no severance eligibility, or delayed benefits enrollment.
Check what actually changes during the probationary period. If nothing material changes, it's mostly administrative. If benefits don't kick in until you pass probation, or you can be terminated with no notice, that's worth knowing upfront.
Example Clause Pattern
"Employee's first [60/90] days of employment shall constitute a probationary period. During this period, either party may terminate employment with [24/48 hours] notice. Upon successful completion, Employee becomes a regular employee subject to the terms of this Agreement."
What to Watch
- Probationary period exceeds 90 days
- Benefits don't begin until after probation ends
- Performance criteria for passing probation are vague or entirely at employer's discretion
- Probation can be extended indefinitely at employer's discretion
How This Clause Works by Jurisdiction
California's at-will law applies equally during and after any stated probationary period — the probation label creates no separate legal category. Employers can delay discretionary benefits until probation ends but cannot delay CFRA/FMLA eligibility, which is based on 12 months of service and hours worked regardless of probationary status.
Reviewed May 2026
New York's at-will doctrine means probationary periods have no distinct legal effect on termination rights. Employers may legitimately delay benefit enrollment, retirement plan vesting, and PTO accrual until probation ends, but cannot withhold wages already earned during the probationary period.
Reviewed May 2026
UK employees have no right not to be unfairly dismissed until completing two years of continuous service. A stated probationary period does not extend or reset that qualifying period. The statutory minimum notice during probation is one week once the employee has been employed for more than one month.
Reviewed May 2026
Jurisdiction-specific information is general in nature and not legal advice. See disclaimer.
Found in These Contracts
This clause commonly appears in the following contract types:
Negotiation Strategies
Confirm benefit start dates are not tied to probation completion
Request written performance criteria so passing probation isn't subjective
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