Probation Period Alberta: 3-Month Rights & Severance Rules

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.

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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.

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 an employment agreement can technically outline a 6 month probation period, the legal implications change substantially once you cross that 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 continuous service, you are legally entitled to statutory notice or pay in lieu of notice under provincial law, even if your written contract claims your probation lasts longer.

Termination During Probation Period Alberta

A termination during the probation period is often called a “suitability” dismissal. However, an employer cannot 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, family status, 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 accumulated enough insurable hours, being let go because you “weren’t a perfect fit” still qualifies you for Employment Insurance (EI).

Can a Probation Period be Extended?

If an employer feels they need more time to evaluate your performance, they may ask: can the company extend the probation period? Technically, yes — but an extension cannot eliminate your statutory legal rights. Even if they extend it to six months or beyond, they must still provide minimum notice or severance pay in Alberta 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 in writing, but extending a trial phase multiple times may suggest the employer is acting in bad faith to circumvent full common law 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 formal notice of resignation to your employer. You can simply declare your resignation and leave immediately. Notice requirements only build up after the initial 90-day window closes.

Vacation and Sick Leave on Probation

Many workers ask: can you take vacation during a probation period? While you begin accruing vacation pay in Alberta from day one, you typically cannot take vacation time until you have completed one full 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 completed 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 fair compensation because they — or their employers — misunderstood the 90-day threshold versus contractual provisions. If you’ve been let go, the team at Samfiru Tumarkin LLP will confidently review your employment contract or contractor status to see what you are truly owed under provincial guidelines.