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  • 90 Day Probationary Period

    I have a friend who was on there 90 day probationary period and when the 90 days was up , this company decided it was 90 working days, I thought it was calender days , is there a law for this as the company is trying to get out of paying them holiday pay now as it is telling all the new ones that are reaching there 90 days that they dont get paid the holiday till it reaches 90 days worked.

    thanks

  • #2
    There is no law that dictates whether a probationary period is 90 working days, 90 calendar days, or that there be a probationary period at all. It is entirely up to the employer to determine.

    There is no law in any state that requires an employer to pay holiday pay at all. Even if they are changing the probationary period for the sole reason of avoiding paying holiday pay, that is legal.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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