Ask the ExpertExtending Probationary Period
hri_Admin Staff asked 4 years ago

I am in Manitoba and am looking for some information on extensions of probationary periods. I read in one of the HRInsider articles that an employer cannot extend a probationary period without the ee’s agreement and fresh consideration. 
What if you write in to your employee handbook (which everyone signs upon being hired) that your company can extend the probation period as long as they give written notice to the employee prior to the period ending? 

1 Answers
Glenn Demby Staff answered 4 years ago

Sorry, it won’t work. You can’t “policy” your way out of providing minimum benefits provided under employment standards laws. Once employees put in the requisite amount of service, i.e., the probationary period ends, they become entitled to the notice, stat holiday and other ESA rights. Extending the probationary period would constitute stripping them of those rights, which you’re not allowed to do. What you can do is provide more generous benefits than the ESA minimums, but that’s not what you’re proposing–unless I’m missing something. Hope that helps. Glenn