What Is A Probationary Employee? (2026)
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
Summary
- A probationary employee is a new hire working under an evaluation period
- During that period, they’re closely monitored by the employer
- Successful completion usually leads to permanent employment
Some employers have established a probationary period for new employees. This is essentially a trial run to see if an employee is a good fit.
Here’s what you need to know about how to support, manage and evaluate your company’s probationary employees.
What Is a Probationary Employee?
A probationary employee is a new employee who is currently completing an initial evaluation period called a “probationary period.”
If the employee performs well during the probationary period and seems like a good culture fit for the company, they may be offered a contract at the end of it. If they don’t, their position may be terminated.
How Long Does a Probationary Period Last?
Typically, a probationary period will last anywhere from 30 days to six months. You should always clearly define the probationary period for new employees.
Legal Rights and Protections During Probation
Probationary employees may not have all the protections afforded to permanent employees. However, they are still entitled to minimum wage and overtime pay as outlined in the Fair Labor Standards Act (FLSA).
Probationary employees have the same anti-discrimination and harassment protections as other employees, and they must be covered by your workers’ compensation insurance.
If you require employees to complete a probationary period, you’ll still need to follow labor laws.
What Employers Should Evaluate During the Trial Period
During the probationary period, you should monitor new employees to assess the following:
- Their attendance and overall reliability
- Their job performance
- How well they fit into the company culture
- How adaptable they are
- How coachable they are
- Their communication skills
- Their overall compliance with workplace policies
You shouldn’t just silently observe probationary employees and then make a determination at the end of the period. It’s best to check in regularly to offer feedback and support.
Best Practices for Managing and Supporting New Hires on Probation
These tips may help you reduce stress and avoid problems during the probationary period:
- Give new hires measurable, realistic goals so they can monitor progress.
- Regularly check in and offer feedback.
- Keep written records of training and feedback.
- Assign the new hire a mentor to offer guidance.
- Address any issues immediately instead of waiting until the end of the period.
During the probationary period, new hires are also deciding whether your company is the right fit for them. Being supportive during this time increases the likelihood that your new hire will stay with you.
Want to Learn More?
As an employer, you face legal and compliance challenges on a daily basis. When you understand your rights and obligations under employment law, you’re less likely to land your company in legal hot water.
ConsumerShield is proud to serve as a legal resource for employers and employees everywhere. Find out how our tools can help you today!
Frequently Asked Questions
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Usually, more complex roles have longer probationary periods. Thirty days may be enough for an entry-level job, but new management hires may need a six-month period.
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Yes. However, you may not fire an employee for an illegal reason.
