Probationary period for new employees: how to set one up and use it well

How US employers can use a probationary or introductory period for new hires: what it is and is not legally, how long it should be, what to put in writing, goals and check-ins, 30-60-90 day reviews, extending or ending probation, benefits and pay considerations and common mistakes.

In shortA probationary or introductory period is the first weeks or months of employment, often 60 or 90 days, when a new employee learns the job and the employer closely evaluates fit and performance. Used well, it means clear expectations, a training plan, regular check-ins and a documented review at the end. In most states it does not change at-will employment, and employees keep all their legal rights, including overtime pay, protection from discrimination and protected leave. Avoid wording that suggests employment becomes permanent or guaranteed after probation, and apply the process consistently.

What a probationary period is

A probationary period, also called an introductory or orientation period, is a defined stretch at the start of employment focused on training and evaluation. It gives the new hire time to learn the job with extra support, and gives the manager a structured way to decide whether the person is a good fit. Some employers also use it to set eligibility for certain benefits or for internal transfers.

It is a management tool, not a legal status. Done badly, it becomes an excuse to throw new hires into the deep end and decide later. Done well, it is the most structured part of onboarding. See how to onboard hourly employees and the employee onboarding process.

What probation does not change

Common misunderstandings
Myth Reality
New hires on probation can be fired for any reason Termination still cannot be for an illegal reason such as discrimination or retaliation
Probationary employees are not entitled to overtime Non-exempt employees must be paid overtime from day one
After probation, employees are permanent In at-will states, employment remains at-will; wording that suggests otherwise can create risk
Probationary employees cannot take protected leave Some leave laws have eligibility periods, but others, such as many state paid sick leave laws, apply early
Probation means less pay Employees must still be paid at least minimum wage and any agreed rate

Montana is a notable exception, where state wrongful discharge law treats the probationary period specially, and union contracts may give probation specific meaning. See at-will employment exceptions.

How long should it be?

Typical lengths
Length Fits
30 days Simple roles with fast learning curves
60 days Many hourly and frontline roles
90 days The most common choice; works for most roles
6 months Complex, skilled or supervisory roles

Choose a length that matches how long it realistically takes to learn the role and show performance. Apply the same length to everyone in the same role.

Put it in writing carefully

Describe the introductory period in the offer letter and handbook. Use language that preserves at-will employment.

Sample wording (fictional, review with counsel): “The first 90 days of employment are an introductory period during which you will receive training and feedback, and your manager will review your progress. Completing the introductory period does not change the at-will nature of your employment or guarantee employment for any length of time.”

Avoid terms like “permanent employee” after probation. Some employers prefer “introductory period” to “probation” for this reason. See how to write an employee handbook.

Set clear goals from day one

New hires should know exactly what success looks like by the end of the period. Write down a short set of goals covering skills, results and behaviors.

Example goals for a 90-day period (fictional, line cook)
Area Goal by day 90
Skills Signed off on grill, fry and prep stations
Speed Meets ticket time standards during weekday lunch
Quality Follows recipes and plating specs; no repeat quality issues
Food safety Food handler card obtained; temperature logs completed correctly
Reliability On time for scheduled shifts; follows call-out procedure
Teamwork Communicates with expo and servers; helps with closing duties

See the 30-60-90 day plan.

Train and support

See how to train new employees.

Check in at 30, 60 and 90 days

  1. Day 30: how is training going, what is clear, what is not, early concerns on either side.
  2. Day 60: progress against goals, specific feedback and a plan for the remaining weeks.
  3. Day 90: formal review: met expectations, needs extension or not a fit.

Document each check-in briefly. Use the 90-day review template and ask new hires for their view with onboarding survey questions.

Ending the introductory period

Possible outcomes
Outcome What to do
Successful Tell the employee, document the review, set goals for the next period and recognize the milestone
Extend If progress is real but incomplete, extend once for a defined period with specific goals, in writing, and apply your policy consistently
Not a fit End employment for documented, job-related reasons; follow final pay rules and treat the person respectfully

Even during probation, if you end employment, make sure the reason is lawful, consistent with how others are treated and supported by documentation. See how to fire an employee.

Benefits and pay considerations

See paid sick leave laws by state and PTO policy for small business.

What managers should document

Short, factual notes written at the time are far more useful than a long summary written from memory at the end. They also make it easier to recognize progress and to explain a decision if it is ever questioned.

Help new hires succeed

Most new employees want to do well. The fastest way to reduce early turnover is to make success easy: a realistic job preview during hiring, a warm welcome, the right tools on day one, a patient trainer and quick answers to questions. When a new hire struggles, ask what is getting in the way before assuming they are not a fit. Sometimes the fix is a different trainer, more practice on one station or a schedule that gives them shifts with experienced coworkers.

Probation for promoted or transferred employees

Some employers use a trial period when an existing employee moves into a new role, such as a promotion to supervisor. Be clear in writing about what happens if it does not work out, such as returning to the previous role or a comparable one, so the employee is not penalized for trying.

Common mistakes

Example (fictional)

A home care agency lost many new caregivers in their first two months. It formalized a 90-day introductory period with clear goals, a mentor for the first five visits, check-in calls at days 7, 30 and 60 and a final review at day 90. Coordinators tracked visit punctuality from time records and shared positive client feedback with new caregivers. Early turnover dropped, and the few caregivers who did not meet standards had clear documentation and feedback before decisions were made.

How EZTime helps

EZTime helps managers run a structured introductory period. Training shifts go on the schedule, skill sign-offs are assigned as tasks, time records show punctuality and attendance, onboarding steps are tracked in the HR module, review forms are signed with e-signatures and stored in the digital employee file and the company feed supports new hire check-in surveys.

Frequently asked questions

What is a probationary period for new employees?

A defined period at the start of employment, often 60 or 90 days, focused on training and evaluating whether the new hire is a good fit.

Can you fire someone during a probationary period?

In at-will states, generally yes, but not for an illegal reason such as discrimination or retaliation, and the decision should be documented.

Do probationary employees get overtime?

Yes. Non-exempt employees must receive overtime pay and other wage protections from the first day.

How long should a probationary period be?

Most employers use 60 or 90 days for hourly roles and up to six months for complex or supervisory roles.

Can you extend a probationary period?

Yes, if your policy allows it. Extend once for a defined period with specific written goals, and apply it consistently.

Where to go next

More on this topic

Give new hires a structured start

EZTime schedules training shifts, assigns skill sign-offs and stores reviews in a digital employee file.

Disclaimer: This guide is general information, not legal advice. At-will employment, benefits eligibility, overtime, leave and anti-discrimination rules apply during probationary periods and vary by state. Consult a qualified employment attorney for specific situations.