Can an employer impose a longer probationary period?

It is common for employment probationary periods to last for three months from the commencement of the employment relation. Under minimal standards employment law (for example, the Employment Standards Act, 2000 in Ontario), employers do not owe any termination provisions–notice or pay in lieu–before three months has passed. This is often believed to constitute the probationary period. Minimal standards legislation, however, does not contain any provisions on probationary periods, and as such, they may extend past 3 months.
Employers that implement probationary periods past 3 months must consider additional factors. If the probationary period extends past three months, employers will at the least owe an employee a week of notice or pay in lieu for termination of the employment contract, if not more depending on the length of tenure and the employer’s global payroll.

Employers that wish to limit the termination pay to the legal minimum of 1 week between 3 -12 months of employment would require that any termination clause complies with minimal employment legislation.
It is also advisable to include the probationary period within the employment contract. This way it can be shown that both parties contemplated an extended probation period and that it was mutually agreed upon at the start of the employment relationship. Otherwise, an extended probationary period may constitute a breach of contract by the employer.

What is the Maximum Probation Period in Canada? 

“What is the maximum period of probationary employment?” is a common question. There is no universal maximum for the initial probationary period in Canada. However, after three months, employers must comply with minimum termination requirements under the relevant employment standards legislation, including providing notice or pay in lieu. In the absence of a valid termination clause for short-service employees, common law entitlements may apply, potentially requiring the employer to provide reasonable notice or a severance package.

How Do You Respond if an Employer Extends Your Probation Period? 

For probationary employees, if your employer extends your probation without clear agreement, ask for written clarification of the terms. Ensure it aligns with your employment contract. If the extension is unilateral or lacks documentation, it may breach your agreement and affect your severance entitlements. Speak to an employment lawyer to assess if you’re entitled to a notice period, severance pay, or other compensation.

Can You Extend Your Probation Period in Canada?

Yes, it can be extended beyond the initial period, however, this must be agreed to by both parties and documented in the employment agreement. If an extension is being proposed, it’s important that the terms are clearly defined—this includes specifying how long the probation will continue, what performance expectations must be met, and whether the extension affects your entitlements if the employment ends.

From a professional and legal perspective, probation should be used as a period for mutual assessment—not as a tool to delay employment protections or severance obligations. Extending probation may be reasonable if the employee was not given a full and fair opportunity to demonstrate their abilities, such as due to illness, training delays, or role adjustments. However, the employer must act in good faith and ensure the rationale for extension is well-founded and transparently communicated. 

If the extension feels unjustified or punitive, employees should consider consulting with an experienced employment lawyer to make sure that their rights are being respected. 

Take Control of Your Situation 

Probation periods can be complex—and when extended improperly, they can impact your career, income, and future employment opportunities. At Whitten & Lublin, our award-winning team of employment lawyers offers strategic advice and representation to ensure your rights are upheld. 

Let us help you determine if you’re owed severance, entitled to pay in lieu, or facing a breach of contract. Take control of your future—book a consultation or call us today at (416) 640-2667. Your next steps matter. We’ll help you make them with confidence.