Summary: Probation Clause in Alberta
A probation period in Alberta is a trial phase at the start of a new job, typically lasting up to 90 days. During this time, an employer can assess an employee’s suitability for the role.
Contrary to popular belief, a probation period is not “automatic” under the Employment Standards Code — it must be explicitly written into a signed employment contract to be legally valid.
The Myth of the “Automatic” Probation.
Many workers assume they have no rights during their first few months on the job. In Alberta, if your contract doesn’t mention a probation period, you are entitled to full severance protections from day one. Our team ensures that Albertans aren’t denied their earned compensation due to a misunderstood probation period clause.
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What is a Probation Period?
The probation period is a set timeframe — usually the first stage of employment — used to evaluate a new hire’s performance and fit within a company. While the term “probation at work” suggests a lack of rights, employees still have significant legal protections under both the Employment Standards Code and human rights legislation.
Crucial Fact: Do all jobs have a probation period? No. If there is no probation period in the contract, you are an indefinite employee with full rights from your first hour of work.
How Long is the Probation Period in Alberta?
If you are wondering how long is the probation period for new employees in this province, the standard is a 3-month probation period (specifically 90 days). While a contract can technically state a 6 month probation period, the legal implications change once you cross the 90-day threshold.
- Under 90 Days: Under Alberta employment probation period rules, an employer can let you go without notice or severance pay, provided the termination isn’t discriminatory.
- Over 90 Days: Once you have completed 90 days of service, you are legally entitled to statutory notice or pay in lieu of notice, even if your contract says your probation lasts longer.
Termination During Probation Period Alberta
A termination during the probation period is often called a “suitability” dismissal. However, an employer can’t fire you for just any reason. You can’t be fired for being sick during your probation period if the illness is related to a protected disability, nor can you be let go for reasons involving pregnancy, race, or religion.
Can you get EI if let go during the probation period? Generally, yes. As long as you weren’t fired for “just cause” (serious misconduct) and you have enough insurable hours, being let go because you “weren’t a fit” still qualifies you for Employment Insurance.
Can a Probation Period be Extended?
If an employer feels they need more time to evaluate you, they may ask: can the company extend the probation period? Technically, yes — but they can’t eliminate your legal rights. Even if they extend it to six months, they must still provide severance pay or notice — up to 24 months — if they let you go after the initial 90 days have passed.
How many times can you extend a probation period? There is no set limit, but doing so multiple times may suggest the employer is acting in bad faith to avoid full employment obligations.
Notice and Quitting During Probation
Do you have to give notice in a probation period? In Alberta, if you have worked for less than 90 days, you do not have to provide any notice of resignation to your employer. You can simply say “I quit” and leave.
Vacation and Sick Leave on Probation
Many workers ask: can you take vacation during a probation period? While you begin accruing vacation pay from day one, you typically can’t take vacation time until you have completed one year of employment, unless your employer agrees otherwise. Similarly, for sick leave during probation, you are entitled to unpaid, job-protected personal and family responsibility leave once you have 90 days of service.
Consult an Alberta Employment Lawyer
Don’t assume you have no rights just because you were “on probation.” Many employees are wrongly denied severance pay in Alberta because they — or their employers — misunderstood the 90-day rule. If you’ve been let go, the team at Samfiru Tumarkin LLP will review your employment contract to see what you are truly owed.