Probation is defined as “[the] subjection of an individual to a period of testing and trial to ascertain fitness (as for a job or school).” The word has been in use since the 15th century, the meaning “[a] critical examination and evaluation or subjection to such examination and evaluation,” which likely led to its employment sense.
Work probation is uncommon in the United States due to the way that the employment system works here. However, it’s still used for certain situations. Most people associate probation with the beginning of a job or testing out a promotion, but that isn’t its only use. Sometimes misconduct or flagging performance can lead to probation as well.
Key Takeaways:
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Probationary periods are most often used at the beginning of employment or if an employee is having performance issues.
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Probation is rare in the United States due to the majority of employment being at will.
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The expectations and requirements of a probationary period should be clearly laid out.
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Employees are entitled to compensation while on probation, as they’re employed by the company during that time.
What is a Probationary Period at a Job?
A probationary period can have two different purposes at a job. The first is an introductory one. This is often the case with new hires. The second is if an employee has had severe performance issues. They can be placed on probation to monitor them or while a review or investigation is taking place.
Probationary periods’ length can vary tremendously depending on the job and the reason for it. However, the standard is three to six months. This gives both the employee and employer time to get a sense of how well the employee is settling into the position and if the arrangement should continue going forwards.
For new employees, probation is a way to determine if they’re the right fit for the job and, conversely, if the job is the right fit for them. It can be used:
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For training purposes. Some jobs will place an employee on probation during their job training. Often that means that the requirements for their employment are different from after they’re trained. This is usually only the case in highly skilled or very dangerous jobs.
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As a trial. It gives both the employer and employee a chance to evaluate the job and how well the arrangement works. If either is dissatisfied, the relationship can be severed at the end of the probationary period.
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To put a stay on certain benefits. This is more often called an introductory period. During this time, employees aren’t entitled to full benefits or to particular benefits, depending on the position and requirements. Many jobs limit health insurance benefits until after having worked with them for a certain amount of time, for example.
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At the beginning of a promotion. While a person in this position wouldn’t technically be a new employee, they’d be new to their position. A probationary period, in this case, would be to see if they can handle the changes in workload responsibly. If they aren’t able to, they may be returned to their original role or let go.
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Before a contract is fully enforced. This is an extension of the previous one regarding benefits. However, if your position has a contract that guarantees employment for a period of time, then you may be placed on probation at the beginning. That allows the employer to assess your performance before signing the contract.
This is much more commonly used outside the United States. At-will employment is the norm here, which means that a probationary period of this sort is rarely necessary. Many other nations will have an introductory probationary period for this reason.
For struggling employees or those accused of misconduct, a probationary period can also be used. It serves the purposes of:
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Granting additional coaching. If an employee is struggling to meet their metrics or get work done in a timely manner, then their supervisor can step in to give direct coaching and feedback. This also will allow them to find out what the source of the issue is, especially if the employee was performing well previously.
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Giving them a time limit to improve their performance. This will be if the employee has suddenly developed problems or had a life event or tragedy that affected their work. In this case, the employer may be resistant to firing them and seek to give them some time and a chance to improve their work performance.
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Altering their status so that an investigation can take place. In the case of an accusation of misconduct, an employee can be placed on probation. If the employer doesn’t have proof but needs to take the accusation seriously – such as sexual harassment or embezzlement – then they can place the employee on probation.
Some jobs will also have protections that prevent an employee from being fired outright. That wouldn’t be the case in at-will employment. But many union positions grant the accused employee a chance to defend him- or herself against accusations of misconduct with the help of a union representative.
What Are the Rules About Probationary Periods?
As with any employment contract or agreement, there are rules and laws around probation. Probationary periods are rare in the United States, partly because of these rules. Due to the majority of positions being at-will, many of the benefits of a probationary period to the employer are lost.
It’s very important for an employer using a probationary period to make it clear that the employment is still at will (unless it isn’t, of course) and that the probationary period isn’t a guarantee of a set time of employment.
To be sure that you don’t fall afoul of the rules, be sure to:
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Set clear expectations. Make sure that the employee knows what the requirements are. Do you expect them to progress at a certain rate? Meet a quota? How often do they need to meet with you to assure that they’re on track? The more specific, the better – within reason.
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Have a system in place to share feedback regularly. Probation is all about improvement and meeting expectations. Be sure to set up a regular schedule for meetings, so both sides know what to expect. Include detailed feedback, as well, such as direct areas for improvement.
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Make sure the employee can get help if needed. If the point of the probation is a training period, make sure they have the appropriate resources. This can be in the form of a mentor, training materials, or a stipend to take training courses at the local community college or vocational school.
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Keep your human resources department involved. HR is there to make sure that you treat your employees fairly. They’ll prevent you from giving an employee less probationary time than others or not getting them the resources they need.
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Make sure to get everything in writing. While there’s nothing inherently wrong with verbal agreements, it’s best to set everything out in writing. It avoids confusion for one thing, and for another, it makes keeping track of everything easier.
This is also for the company’s protection. Keep track of the employee’s performance and coaching sessions – in writing. If it’s written down, it’s much harder to dispute if a disagreement arises in the future.
If you fail to be sufficiently clear with your employees, they can make an argument that the amount of time they were on probation was a guarantee of employment. That means that if you fire them during that time, they may be entitled to remuneration.
Probation does have certain uses, but the rules surrounding it make the majority of employers in the United States choose to eschew it. Should you choose to make use of it, just be sure that you’re aware of the pitfalls and are extremely clear about your expectations and requirements.
Probationary Period FAQ
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Do you get paid during a probationary period?
Yes, you are entitled to compensation during a probationary period. It’s not an internship; it’s employment. It has additional restrictions compared to full employment, which may mean that your payments will be less than when you aren’t on probation. However, that should all be included in writing in the agreement.
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Is there a standard length for a probationary period?
While there isn’t a legal requirement for a probationary period, the standard length in the United States is 90 days. That being said, it’s fairly common for them to vary between three to six months. However, probationary periods can be as short as a week and as long as a year.
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Why would an employee be on probation?
There are two primary reasons an employee would be on probation. One, they’re a new employee in a trial position. Two, they are struggling with their performance and are being given a strong warning.
Probationary periods can also be used for training purposes. For instance, if a job requires extensive on-the-job training, then that period of training may be while the employee is on probation. It can also be used while an investigation takes place.
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Is a probationary period equivalent to a training period?
No, they aren’t equivalent. While some companies will put an employee on probation during a training period, they are not synonymous with one another. Probation can be used for purposes other than training, and not all workers in field training are on probation.
Author
Di Doherty
Di has been a writer for more than half her life. Most of her writing so far has been fiction, and she’s gotten short stories published in online magazines Kzine and Silver Blade, as well as a flash fiction piece in the Bookends review. Di graduated from Mary Baldwin College (now University) with a degree in Psychology and Sociology.
