Probation periods

Probation Periods in Canada

When you start a new job in Canada, you'll likely have a probation period (also called a probationary period or trial period). This is a time when your employer evaluates whether you're a good fit for the role, and you evaluate whether the job is right for you.

This guide explains how probation periods work, what rights you have, and what to expect during your first few months at a new job.

⏱️ Quick Facts:

Typical length: 3-6 months • Can be terminated with minimal notice • Same pay and benefits as regular employees

What is a probation period?

A probation period (also called probationary period or trial period) is a set time at the beginning of your employment when:

Your employer evaluates your performance, skills, and fit with the company
You evaluate whether the job, team, and company meet your expectations
Either party can end the employment relationship with less notice than normally required

Is a probation period mandatory?

No. Probation periods are not required by law in Canada. However, most employers include them in employment contracts.

If your employment contract doesn't mention a probation period, you are considered a regular employee from day one.

What happens during probation?

Typical probation period activities:

Regular performance reviews (often at 30, 60, and 90 days)
Feedback sessions with your manager
Training and onboarding
Goal setting and performance expectations
Assessment of your skills, work quality, and cultural fit

💡 Probation works both ways

While your employer is evaluating you, you should also be evaluating them:

Is the job what you expected?
Do you like the team and company culture?
Are you learning and growing?
Is the work environment healthy?

If the job isn't right for you, it's okay to leave during probation. You don't want to waste your time or theirs.

How long does it last?

Typical probation period length

Most common: 3 months (90 days)

Other common lengths:

1-2 months: Entry-level or hourly positions
3 months: Most common for full-time positions
6 months: Senior roles, specialized positions, or government jobs
12 months: Rare, typically only for very senior executives (may not be legally enforceable)

Maximum probation period

There is no federal law limiting probation period length in Canada. However:

Quebec: Maximum 3 months for non-union employees (unless very senior role)
Other provinces: No legal maximum, but courts may find very long probation periods (12+ months) unreasonable
Federal employees: Typically 6-12 months depending on position

Can probation be extended?

Yes, but only if:

Your employment contract allows for extensions, OR
You agree in writing to the extension

Typical reasons for extension:

You were on sick leave or vacation during probation
You need more time to demonstrate your abilities
The employer needs more time to evaluate your performance

Note: Employers cannot extend probation indefinitely. Courts may view repeated extensions as unfair.

⚠️ Check your employment contract

Your probation period terms should be clearly stated in your employment contract or offer letter. Look for:

Length of probation period
Conditions for passing probation
Notice period if terminated during probation
Whether probation can be extended

If it's not in writing, ask before you start.

Your rights during probation

You have the same rights as regular employees

During probation, you are entitled to:

Full salary: Same pay as permanent employees in the same role
Benefits: Health insurance, vacation accrual, etc. (unless contract says benefits start after probation)
Workplace safety: Safe working conditions and workplace injury protection
Human rights protection: No discrimination based on race, religion, gender, age, disability, etc.
Employment standards: Minimum wage, overtime pay, statutory holidays, breaks
Workers' compensation: Coverage if injured on the job

Benefits during probation

Most employers provide full benefits during probation, but some companies have different policies:

Immediate benefits: Full benefits from day one (most common)
Delayed benefits: Benefits start after probation ends (typically health/dental insurance)
Partial benefits: Some benefits now, full benefits after probation

Check your employment contract or ask HR about benefit start dates.

Vacation during probation

You typically accrue vacation time during probation, but some employers don't allow you to take vacation until after probation ends.

Example:

You start January 1 with 3-month probation
You accrue vacation days from January 1
You can book vacation starting April 1 (after probation)
But your vacation bank includes days accrued from January-March

What you can't do during probation

Some limitations may apply:

Apply for internal transfers: Usually must complete probation first
Take extended leave: May not be eligible for long vacations or unpaid leave
Union grievance rights: Limited or no access to union grievance procedures (if applicable)

Termination during probation

Can you be fired during probation?

Yes. Employers can terminate your employment during probation more easily than after probation ends.

However, the termination must still be:

Not discriminatory: Cannot be based on protected grounds (race, gender, religion, disability, etc.)
Not in bad faith: Cannot be for illegal reasons (retaliation, refusing illegal activity, etc.)
With proper notice: Must provide minimum notice or pay in lieu (see below)

Notice period during probation

If terminated during probation, you are entitled to minimum notice or pay in lieu of notice:

Province	Notice Required (if employed 3+ months)	Notice if employed less than 3 months
Federal	2 weeks	None (but many give 1-2 weeks)
Ontario	1 week	None
British Columbia	1 week	None
Alberta	1 week	None
Quebec	1 week	None
Manitoba	1 week	None
Saskatchewan	1 week	None

Note: These are minimum legal requirements. Your employment contract may provide more generous terms.

What if you're fired without notice?

If your employer terminates you during probation without proper notice, they must pay you termination pay in lieu of notice.

Example (Ontario):

You've worked 4 months (past 3-month threshold)
Employer terminates you immediately
You're entitled to 1 week's pay as termination pay

Can you quit during probation?

Yes. You can quit during probation, but you should provide notice:

Professional courtesy: Give at least 2 weeks' notice
Contractual requirement: Check if your contract requires specific notice period
If no contract: Provincial employment standards apply (usually 1-2 weeks)

Leaving without notice may:

Burn bridges (bad reference)
Forfeit final paycheck (in extreme cases)
Damage your professional reputation

💡 Getting fired during probation isn't the end

Being terminated during probation is more common than you think. It's not always about performance—sometimes it's just not the right fit. Don't take it personally.

What to do if terminated during probation:

Ask for feedback (optional, but can be helpful)
Ensure you receive proper notice or pay in lieu
File for Employment Insurance (EI) if eligible
Update your resume and start applying to new jobs
Don't badmouth your former employer

Tips for succeeding during probation

1. Communicate clearly and often

Ask questions when you're unsure
Keep your manager updated on your progress
Clarify expectations early and often
Schedule regular check-ins with your supervisor

2. Document everything

Keep notes of tasks completed and projects delivered
Save positive feedback emails
Track your achievements and contributions
Document any issues or concerns

3. Be proactive

Volunteer for projects and tasks
Offer to help teammates
Suggest improvements (tactfully)
Take initiative without being asked

4. Build relationships

Get to know your teammates
Attend team events and meetings
Be friendly and approachable
Network within the company

5. Learn quickly

Study company processes and systems
Read documentation and training materials
Shadow experienced colleagues
Take notes during training

6. Show up and be reliable

Arrive on time (or early)
Meet deadlines consistently
Be available and responsive
Minimize sick days and absences

7. Accept feedback gracefully

Listen without being defensive
Thank people for feedback
Implement suggestions immediately
Follow up to show improvement

8. Understand company culture

Observe how people communicate and work
Learn the unwritten rules
Adapt your work style to fit the culture
Respect company values and norms

⚠️ Red flags during probation

If you notice these warning signs, your job may be at risk:

No feedback or performance reviews
Excluded from meetings and projects
Manager avoiding you or being distant
Sudden criticism after positive feedback
Being given less work or responsibility
Colleagues treating you differently

What to do: Schedule a meeting with your manager to discuss your performance and address concerns directly.

What happens when probation ends?

At the end of your probation period:

Formal confirmation: You should receive written confirmation that you've passed probation
Performance review: Final evaluation of your probation period
Benefits update: If any benefits were delayed, they should now be activated
Increased job security: Employer now needs to provide more notice if terminating you

If you don't receive confirmation, ask HR or your manager for written confirmation that your probation has ended.