Probationary Periods in the Federal Government
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What is a probationary period in the federal public service?
A probationary period gives managers time and opportunity to assess whether an employee is a good fit for the job. At the same time, it allows employees to demonstrate their competencies and suitability for the job.
Section 26(1) of the Public Service Employment Act (PSEA) authorizes the Treasury Board to establish the probationary period for classes of employees who are appointed from outside the federal public service (more information on classes of employees is in the “How long is the probationary period?” section).
Section 61(1) of the PSEA specifically deals with probation. The probationary period may be completed in either a core public administration department (an organization listed in Schedule I or IV of the Financial Administration Act (FAA)) or in a separate agency (an organization listed in Schedule V of the FAA). The Public Service Commission has exclusive authority to make appointments for Schedule V organizations.
The Regulations Establishing Periods of Probation and Periods of Notice of Termination of Employment During Probation (the Probation Regulations) gives more information on the probationary period referred to in paragraph 61(1)(a), as well as the notice period referred to in paragraph 62(1)(a) of the PSEA.
How long is the probationary period?
Employees appointed from outside the federal public service are required to complete only one specified probationary period. The length of the probation should be determined and stated in their original letter of offer. The class the employee is appointed to determines the length of the probationary period.
On average, for employees recruited into a position of more than 1 year, the probationary period is 12 months. However, there are different probationary periods for certain positions and occupational groups, apprenticeship/training programs, and specified appointment periods. The Schedule of the Probation Regulations lists the 6 different classes of employees (Column 1), and their respective probationary (Column 2) and notice periods (Column 3).
Appointments and deployments
The PSEA clearly states that probation is served only when a person is appointed from outside the public service. Persons not appointed under the PSEA (for example, persons appointed as casuals, students, or part-time workers) would be required to complete a probationary period only if they were hired for an indeterminate period, because they would be considered external to the federal public service.
Once an employee has completed the probationary period, it cannot be extended, nor can a second one be imposed, unless the employee leaves the public service and then returns.
- If an employee has completed their probation in a separate agency of the federal government (organization listed in Schedule V of the FAA) and is deployed or appointed into a position in a core public administration department of the federal government (organization listed in Schedule I or IV of the FAA), or vice versa, the move does not require a new probationary period, because the deployment or appointment is not from outside the public service.
- If an employee has not yet completed their probationary period during their initial appointment and is deployed or appointed into a new position within the public service, the probationary period is not extended or changed. Rather, the remaining length of the probation is stated in the new letter of offer and the employee completes the original period specified in their initial letter of offer in their new position.
What is excluded from the probationary period?
In accordance with section 2(2) of the Probation Regulations, the probationary period does not include any period:
- of leave without pay
- This does not include suspensions without pay for administrative reasons or disciplinary suspensions without pay, as they are not leave.
- of full-time language training
- of leave with pay of more than 30 consecutive days
- In the case of this clause, consecutive days refers to consecutive calendar days.
- during which a seasonal employee is not required to perform the duties of the position because of the seasonal nature of the duties
Can I be terminated during a probationary period?
Generally, employment can be terminated during probation due to an employee’s unsatisfactory performance or misconduct. The Guidelines for Termination or Demotion for Unsatisfactory Performance; Termination or Demotion for Reasons Other than Breaches of Discipline or Misconduct; and Termination of Employment During Probation provides guidance and procedures to managers who may need to terminate an employee during probation.
Notice period of termination
Under section 3(2) of the Probation Regulations, the notice period of termination of employment during probation begins on the day the deputy head gives notice to an employee. Similar to the calculation of the probationary period, notice periods (Column 3) are listed in the Schedule of the Probation Regulations and are determined based on the class of employee (Column 1).
The notice period for termination of employment can be served 1 of 2 ways:
- the employee completes the applicable notice period (for example, 2 weeks, 1 month)
- at the deputy head’s discretion, the employee is paid an amount equal to the salary that they would have received during that notice period (PSEA, 62(2))
If a person applies to the federal public service again after a termination of employment, the subsequent appointment would be considered an appointment from outside the federal public service. Therefore, the employee would have to fulfill the prescribed probation requirements of any new appointment.
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