What is a Probationary Period?
Understanding Probationary Employment Policies in Montana Municipalities
Montana is a unique state in that it does not have what is commonly referred to as “employment at will”. Employment at will means an employee can be discharged at nearly any time with or without cause. In Montana, the only time an employee may be terminated without cause is during her or his probationary period. Cities and Towns should develop a probationary period policy that sets this initial probationary period at any length up to a maximum of one year. If the probationary period is not stated, Montana law defaults to a six-month probationary period (39-2-904 MCA). Public Safety officers typically serve 1-year probationary periods.
Municipal policy sets the probationary period and it must be followed for all staff. Employees may only serve one probationary period. It is common for an employee who is transferred to a new position to serve a trial period which is typically 30 to 90 days. A trial period is different from a probationary period. A trial period is used when an employee who has already served a probationary period is transferred to a new position in which the employer wishes to “test” them out. If such an employee were not to successfully complete a trial period, they would
normally be placed back into their prior position or a similar position.Sample Probationary Period Policy 3.902 Union Representation Different employees may have different disciplinary processes/steps/procedures if they are covered by a collective. All employees will serve a [INSERT TIME] month probationary period. [PROBATIONARY PERIODS FOR POLICE/FIRE
WILL DIFFER—list what their probationary period is]. The probationary period allows time for the employee to learn the position as well as time for the supervisor to evaluate an employee’s potential and performance. During the established probationary period, [CITY/TOWN] reserves the right to terminate an employee with or without cause. An evaluation will be completed prior to completion of the period to notify the employee of their status (regular, terminated or extended probation when applicable).
Municipal policy sets the probationary period and it must be followed for all staff. Employees may only serve one probationary period. It is common for an employee who is transferred to a new position to serve a trial period which is typically 30 to 90 days. A trial period is different from a probationary period. A trial period is used when an employee who has already served a probationary period is transferred to a new position in which the employer wishes to “test” them out. If such an employee were not to successfully complete a trial period, they would
normally be placed back into their prior position or a similar position.Sample Probationary Period Policy 3.902 Union Representation Different employees may have different disciplinary processes/steps/procedures if they are covered by a collective. All employees will serve a [INSERT TIME] month probationary period. [PROBATIONARY PERIODS FOR POLICE/FIRE
WILL DIFFER—list what their probationary period is]. The probationary period allows time for the employee to learn the position as well as time for the supervisor to evaluate an employee’s potential and performance. During the established probationary period, [CITY/TOWN] reserves the right to terminate an employee with or without cause. An evaluation will be completed prior to completion of the period to notify the employee of their status (regular, terminated or extended probation when applicable).