Probationary employee

A probationary employee is a new hire who is working under an initial evaluation period.

Homebase Team

Min Read

What is a probationary employee?

A probationary employee is a new hire who is working under an initial evaluation period—often called a probationary period—during which their performance, behavior, and fit within the company are closely monitored. This trial period typically lasts 30, 60, or 90 days, though some employers extend it up to six months.

The purpose of probation is to give employers time to assess whether a new employee is a good long-term fit, and to give employees a chance to understand expectations and responsibilities. With Homebase, small businesses can manage hiring, onboarding, and performance tracking to ensure probationary periods are structured, documented, and compliant.

Key features of a probationary period

While probationary employees are typically treated like regular employees in terms of pay and basic rights, the employer may:

Delay certain benefits, such as health insurance or paid time off
Schedule formal performance reviews at the end of the probation
Use the probation as a contingency before confirming permanent employment
Terminate the employee more easily if expectations are not met

However, employers must remain compliant with federal and state labor laws, even during a probationary period.

Is a probationary employee still considered “at-will”?

Yes. In most states, employment is considered at-will—meaning either the employer or the employee can end the relationship at any time, with or without cause. A probationary period does not override at-will employment.

However, having a documented probationary period may help clarify expectations and reduce liability when terminating a new hire for performance-related reasons early in their tenure.

Common length of probationary periods

Typical probationary periods are:

30 days: Short and focused; best for entry-level or seasonal roles
60 days: Provides additional observation time for onboarding and training
90 days: The most common length, especially for full-time or skilled roles
6 months: Sometimes used for management or technical positions

Employers should clearly define the probationary period in offer letters, onboarding materials, and employee handbooks.

What employers should evaluate during probation

During a probationary period, employers usually assess the employee’s:

Job performance and ability to meet expectations
Attendance and reliability
Adaptability to workplace culture and processes
Teamwork and communication
Compliance with policies and procedures

Managers should document all observations and conduct regular check-ins to provide feedback and support.

Legal considerations for probationary employees

Even during a probationary period, employees are entitled to key legal protections, including:

Minimum wage and overtime pay under the Fair Labor Standards Act (FLSA)
Anti-discrimination and harassment protections
State and local paid sick leave laws, where applicable
Unemployment insurance eligibility in some cases after termination
Worker’s compensation coverage

Employers cannot use probationary status as a reason to bypass labor laws or withhold compensation.

When the probationary period ends

At the end of the probationary period, employers typically take one of the following actions:

Confirm the employee’s regular status, making them eligible for full benefits
Extend the probationary period, if more time is needed for evaluation (this should be documented and communicated clearly)
Terminate employment, if performance or conduct does not meet expectations

Whatever the outcome, it’s important to document the decision and maintain clear records.

Best practices for managing probationary employees

Clearly define probation terms in offer letters and onboarding paperwork
Set measurable goals and performance expectations
Schedule mid- and end-of-probation check-ins
Provide regular feedback and support during the trial period
Document all performance-related observations
Ensure consistent application of policies, including wage and hour compliance

These steps not only create a smoother transition for the employee but also help protect the employer from legal or operational missteps.

How Homebase helps with onboarding and probation tracking

Homebase gives small businesses an all-in-one platform to manage hiring, onboarding, and new employee evaluation. With Homebase, you can:

Digitally onboard new hires with required forms and documentation
Track hours, attendance, and shift performance from day one
Set reminders for probation reviews and training checkpoints
Store employee records and performance notes securely
Keep communication clear between managers and team members

Explore Homebase Hiring & Onboarding to streamline your probation process, improve new hire success, and manage performance with confidence from day one.

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