What is a probation period?
A probation period is a trial phase at the start of employment, typically 3–6 months, during which an employer assesses a new employee's suitability.
A probation period is a set timeframe at the start of employment — usually 3 to 6 months — where both the employer and employee assess whether the role is a good fit. During probation, you still have the same minimum pay, leave, and conditions under your award or agreement.
Probation does not remove your workplace rights. You are entitled to the NES from day one. However, if you are dismissed during the minimum employment period (6 months, or 12 months for small businesses), you generally cannot make an unfair dismissal claim — though general protections claims still apply.
Key facts
- •Probation periods are typically 3–6 months, set by contract or enterprise agreement
- •The Fair Work Act minimum employment period for unfair dismissal is 6 months (12 months for small businesses with fewer than 15 employees)
- •All NES entitlements — including leave accrual — apply from day one
- •You can still make a general protections claim during probation if dismissed for a prohibited reason
- •Notice of termination still applies during probation unless otherwise specified in the award
Try the calculator
Notice Period CalculatorFrequently asked questions
Can I be fired during probation without notice?
Your employer must still give you the minimum notice required under your award or contract. The only exception is termination for serious misconduct, where no notice is required.
Do I accrue leave during probation?
Yes. Annual leave and personal leave accrue from your first day of employment, regardless of any probation period.
General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.