Probation Period in Ontario: What Employees Need to Know

Starting a new job in Ontario?

There is no automatic probation period under Ontario law. A probation period only exists if it’s clearly written in your signed employment contract – and even then, it’s limited to three months.

If your contract doesn’t mention probation, you’re not on probation. And even if it does, you may still be owed severance if you’re let go, depending on whether the clause is valid. This guide explains what a probation period really means, how long it can legally last, and when you’re entitled to severance pay.

What is a Probation Period or Clause in Ontario?

Probation period meaning: 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 if you’re let go, even during your first few weeks.

Key terms:

• Probationary period meaning: Same as probation period
• Probation at work: The first stage of employment used to evaluate new hires

Is there an automatic probation period in Ontario?

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 the Probation Period in Ontario?

There is no legal requirement to have a probation period. But if one is included in your contract, the standard length is up to 3 months.

• 3 month probation period: Most common length
• 6 month probation period: Legal only if the employee is given notice or severance pay after 3 months
• Maximum probation period: There’s no legal max, but after 3 months, Ontario severance rules kick in under common law and the Employment Standards Act (ESA)

What Are Your Rights During a 3-Month Probation Period?

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

3-month Probation Period Rights Ontario

• 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.

What Happens After the Probation Period?

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 an Employer Extend the Probation Period?

Yes — but under Ontario law, extending a probation period past the initial 3 months doesn’t take away your right to severance pay. Once you’ve been employed for more than 3 months, your employer is legally required to provide notice or severance if they let you go — regardless of whether they call it an “extended probation.”

In most cases, the extension of a probationary period is legally meaningless. Employers can’t avoid paying severance just by giving probation a new label. If you’re terminated after the 3-month mark, you’re owed severance.

Termination Within a Probation Period in Ontario

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 to Calculate a 3-month Probation Period in Ontario

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.

Should You Speak to a Lawyer?

Yes. If you’ve been let go during or shortly after your probation period, you may be entitled to severance – even if your employer says otherwise. An employment lawyer in Ontario can tell you what your rights are, and what you are owed.

Samfiru Tumarkin LLP has helped over 50,000 non-unionized employees across Ontario and Canada recover millions of dollars in compensation.

We’re:

• The most positively reviewed employment law firm in Canada (3,000+ Google reviews)
• Recognized as one of Canada’s Best Law Firms by the Globe and Mail
• Trusted by employees who need results

Key Takeaways for Employees

• No probation clause? You’re not on probation
• Valid 3-month clause? Employer can let you go without severance
• Fired during illegal or extended probation? You are owed full severance pay
• Beyond 3 months? Severance is required if you lose your job

Frequently Asked Questions (FAQ)

How Long Is Probation Period in Ontario

Usually 3 months, but only if it’s stated in your employment contract.

Can My Employer Extend Probation?

Yes, but your employer can no longer fire you without severance pay after the first 3 months.

What Happens After Probation?

You’re protected by full severance rights under Ontario law.

What Is the Probation Period Meaning?

A trial period at the beginning of employment, usually used to assess an employee’s suitability.

Speak to an Employment Lawyer

Don’t assume you’re not owed anything just because you were “on probation.” Many employees are wrongly denied severance.

Contact Samfiru Tumarkin LLP for a comprehensive consultation to find out what you’re really owed.

✔️ Over 50,000 non-unionized employees helped
✔️ Millions recovered for clients across Canada
✔️ 3,000+ glowing Google reviews
✔️ Named one of Canada’s Best Law Firms by The Globe and Mail

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.