Probation Period Ontario: What Employees Need to Know

In Ontario, there is no automatic probation period. You are only on probation if your signed employment contract clearly says so — and even then, it can’t override your right to severance after 3 months.

If there’s no valid probation clause, you’re entitled to severance pay, even if you’re let go in your first few weeks.

What is a Probation Period in Ontario?

A probation period is a trial period at the beginning of a new job. During this time, employers assess whether you’re the right fit for the role. In Ontario, there’s no probation period by default. It only applies if your signed employment agreement explicitly includes a valid clause stating one.

Without a probation clause in your contract, you are not on probation and you’re entitled to full severance pay in Ontario if you’re let go — even during your first few weeks.

Is Probation Automatic Under Ontario Law?

No. Ontario does not have an automatic probation period. Employers can only rely on a probation period if your written contract includes one. If it doesn’t, you’re entitled to full severance pay – even if you’ve only been employed for a few days.

How Long is Probation in Ontario?

In Ontario, probation periods are not required by law, but if included in a contract, they usually last up to 3 months.

Typical Probation Periods

• 3 month – Most common and aligns with ESA severance exemption
• 6 months – Legal only if severance is provided after 3 months
• Longer – Rare and often unenforceable if they ignore the Employment Standards Act (ESA)

What Are My Rights During the 3-month Probation Period?

• Employers don’t need to give notice or termination pay if the employment ends within the first 3 months – but only if there’s a valid probation clause.
• You’re still protected by human rights laws. You can’t be fired for reasons like disability, age, or race.
• If there’s no valid clause, you’re owed severance – even during the probationary period.

WATCH: Employment lawyer Lior Samfiru explains probation periods on an episode of the Employment Law Show.

What Happens When Probation Ends in Ontario?

If you’re still employed after the 3-month mark:

• You’re considered a regular employee
• You now qualify for full severance pay under both common law and the ESA (as much as 24 months’ total)

Can My Employer Extend My Probation in Ontario?

Yes, but extending a probation period beyond 3 months does not cancel your right to severance under Ontario law.

After 3 months, you are protected by both the ESA and common law — even if your employer tries to call it an “extended probation.” If they let you go, they must provide notice or severance, regardless of how they label your employment.

Can I Be Fired During Probation Without Severance?

Under Ontario law, an employer can only terminate you without severance pay during the first 3 months of employment – and only if your contract includes a valid probation period clause.

If your contract doesn’t include a probation clause:

• You’re not on probation
• If you’re fired without cause – even within the first 3 months – you are owed severance
• Severance pay in Ontario can be as much as 24 months’ salary, depending on your age, position, years of service, and how long it may take you to find a comparable job
• Many short-service employees are owed more severance than expected, based on factors like age, role, and difficulty finding similar work

How Do I Calculate My 3-month Probation Period?

To properly calculate the 3 months probation period in Ontario:

• Start with your first day of work
• Count 3 calendar months forward
• Example: If you started January 15, your probation ends April 15

If you’re fired on or after April 16, you’re owed notice or severance pay regardless of what the contract says.

FAQ: Probation Period Rules in Ontario

Should I Talk to an Employment Lawyer About Probation?

Let go during or after probation? Don’t assume you’re not owed anything.

Many employees are wrongly denied severance based on invalid probation clauses. If you were terminated in the first few months of your job, you should get a trusted legal opinion. You could be entitled to as much as 24 months’ pay.

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Contact us now to find out what you’re owed. Book your consultation or call 1-855-821-5900.

Disclaimer: The materials above are provided as general information about the rights of non-unionized employees in Canada. It is not specific to any one company and should not be read as suggesting any improper conduct on the part of any specific employer, or a relationship between Samfiru Tumarkin LLP and a specific employer.