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Employment discrimination
Hiring and employment
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Attorney directory
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What Are The Rights of Employees Still On Probation?
Employee discrimination laws, rights of employees section,employee breach
of contract
1. Definition of “Probationary Employee”
An employee is still on a "probationary" status:
• When the employee is initially hired (regardless if hired as a management
employee or covered by a union contract)
• When the employee is under disciplinary action
2. The rights of a probationary employee who is a member of a
labor union
If so stipulated in the collective bargaining agreement of the company
and the union, an incoming employee will be put on a probationary status
within a specified period of time. While still on probation, the employee
has no right yet to bring grievances to the union in the event of dismissal
or disciplinary action which puts the emplpoyee on the same footing as
an “at will” worker.
For the other benefits and rights, the probatinary worker will be generally
covered by the other stipulations of the CBA like number of working hours
and ranking.
3. If a regular employee has been reverted to probationary status as a
disciplinary measure, legally what will this status mean?
The rights of an employee put on probation for disciplianry purposes remains
the same as his/her regular co-workers. The only legal ramification of
being reverted bact to probationary status is that next course of action
for the employer to take will be dismissal in the event that the employee
remains to be incorrigible.
4. Do employment laws apply to probationary employees?
By and large, the probationary employee is protected in the same maner
as a regular employee. Regardless if the probationary period is brought
about by being a new hire or to discipline, the employer will still have
to pay the employee the minimum wage and the rightful compensation, as
well as follow the rules against discrimination, among others.
5. Are probationary employees entitled to medical/family leaves?
Generally, incoming employes still on probation status are not yet qualitied
based on the requirements of FMLA or Family & Medical Leave Act. Under
this law, you have to complete a certain number of hours the previous
working year to qualify for a paid leave of absence.
On the other hand, if you are on probation because of disciplinary action,
then you are certainly qualified to the medical/family leaves and your
employer should approve your request for a leave regardless if it would
result to the violation of existing guidelines on attendance.
6. Are probationary employees who become unemployed before their regularization
entitled to unemployment benefits?
When a new employee is still on probation and lost the position before
he/she completes the probationary period he/she might not be entitled
to get the unemployment insurance due to lack of required manhours. However,
if the employee has worked previously, she/he can add the number of hours
from there and if comes to the required number, then he/she will be entitled
to that benefit.
However, ifyou have been dismissed due to unsatisfactory performance,
you may not be entitled to this benefit because you failed to satisfy
the standards for eligibility. Some states promote the law which disqualifies
an employee who has consistently and deliberately displayed bad behavior
from receiving this benefit. Other states stipulate that the employer
should prove that it has “fair cause” for dismissing the employee.
7. Are probationary employees entitled to vacation compensation?
Some employers do not allow vacation time accrual for enployees still
on probation. On the other hand, if the policy allows accrual of vacation
time upon regularization, then you can accrue your vacation time starting
on the day you worked for the company.
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