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.
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.
To record clock-ins, breaks and overtime automatically, see EZTime time and attendance software.
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.
| 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.
| 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.
Describe the introductory period in the offer letter and handbook. Use language that preserves at-will employment.
Avoid terms like “permanent employee” after probation. Some employers prefer “introductory period” to “probation” for this reason. See how to write an employee handbook.
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.
| 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.
Document each check-in briefly. Use the 90-day review template and ask new hires for their view with onboarding survey questions.
| 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.
See paid sick leave laws by state and PTO policy for small business.
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.
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.
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.
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.
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.
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.
In at-will states, generally yes, but not for an illegal reason such as discrimination or retaliation, and the decision should be documented.
Yes. Non-exempt employees must receive overtime pay and other wage protections from the first day.
Most employers use 60 or 90 days for hourly roles and up to six months for complex or supervisory roles.
Yes, if your policy allows it. Extend once for a defined period with specific written goals, and apply it consistently.
EZTime schedules training shifts, assigns skill sign-offs and stores reviews in a digital employee file.