Six free templates covering all three documents this actually takes: the introductory period policy for your handbook, the acknowledgment form the employee signs, and the 30/60/90 review form used during the period, plus a one-page small-business version, an extension letter, and a completion letter worded to keep you at-will. Editable DOCX, no signup.
Search for a 90-day probationary period template and you get three different documents returned as though they were the same thing. Some results are a handbook policy. Some are a one-page form the employee signs. Some are a scored evaluation used at the 30, 60, and 90 day marks. Most people who start that search need all three and only find out after they have downloaded the wrong one.
So all three are here, plus a one-page small-business version, an extension letter, and a completion letter. Each downloads as an editable Word document, free and without an email. Every one of them is written to stay at-will, which sounds like a small detail until you see how a completion letter with the wrong adjective in it can quietly convert your at-will relationship into one that requires cause. For the full background on how the period works, see our complete guide to the 90-day probation period.
TL;DR
A 90-day probationary period is a company policy, not a legal requirement, and in at-will states it grants no extra termination rights. Setting one up properly takes three documents: the policy, the signed acknowledgment form, and the 30/60/90 review form. All six templates below are free DOCX. Never use the word permanent at the end of the period, and remember that benefit eligibility runs on a separate timeline. This is general information, not legal advice.
Three Documents, Not One
The single most useful thing to understand before downloading anything is that a probationary period is not one document. It is three, each written by a different hand, signed by different people, and used at a different moment.
The policy
Written by the employer, signed by nobody
Lives in the handbook, published once and updated occasionally
States the rules in general terms so every hire is treated the same way. This is what most search results give you when they say template.
The acknowledgment form
Written by the employer, signed by the employee
Handed over on day one and filed
Proves this specific person was told the terms and understood them, with both dates on it. This is what people usually mean when they type the word form.
The review form
Completed by the manager with the employee
Used at day 30, day 60, and day 90
Turns the period into something with evidence in it. Without this, a day-90 decision rests on memory, which is exactly what fails under scrutiny.
Getting only the policy is the most common outcome, and it is the least useful one on its own. A policy nobody signed and reviews nobody ran leaves you at day 90 with a decision to make and nothing in the file to support it. For the background on how the probationary period works as a concept, start there and come back for the documents.
Which Template to Use?
Most employers need the first three. The last three are situational: one for a business too small to want four pages of policy, and two letters for the moments the period actually ends.
Introductory Period Policy
Goes in the handbook
The standing rules: purpose, scope, duration, what the company will do, what it expects, the three outcomes, and a full at-will disclaimer. Written for a handbook, not for a signature.
Employee Acknowledgment Form
The one they sign
The signable form with employee details, both dates, seven numbered acknowledgments, and signature lines. The literal match for what most people mean by the word form.
30 / 60 / 90 Review Form
Used during the period
The evaluation instrument: nine rated criteria on a four-point scale, required comments on any low rating, specific examples, goals, and a day-90 recommendation with three options.
Small-Business Version
One page, no HR
The same substance as the full policy in a quarter of the words, in plain language, for an owner who does hiring directly and needs something an employee will actually read.
Extension Letter
When 90 days is not enough
Extends the period with a stated reason, a new end date, what must change, what you will provide, and a clear statement that there will not be a second extension.
Completion Letter
Worded to stay at-will
Confirms the employee as a regular employee, names what they did well, and deliberately avoids the word permanent, which is where most completion letters create legal exposure.
If You Only Take Two Things
Take the acknowledgment form and the review form. The policy is the document everyone downloads and the one that does the least work on its own. The signed acknowledgment proves this employee was told the terms, and the completed reviews are the evidence behind whatever you decide at day 90. Together they are the difference between a documented decision and a remembered one. Pair them with a structured onboarding checklist so the first week is not improvised.
6 Free 90-Day Probationary Period Templates
Download all six together or copy an individual document. Fill in your duration, extension rules, and review cadence before adopting anything, and have an employment attorney read the at-will language once. That review is a small, one-time cost against a category of claim that is expensive to defend.
Download All 6 Probationary Period Templates
Policy, acknowledgment form, 30/60/90 review form, small-business version, extension letter, and completion letter. Six DOCX files in one download.
Template 1: 90-Day Introductory Period Policy
The full handbook policy: purpose, scope, duration, extension provisions, the review cadence, what the company provides, what it expects, the three outcomes, a note that benefits run separately, and a full at-will disclaimer.
90-Day Introductory Period Policy (Handbook Language)
INTRODUCTORY PERIOD POLICY
[Company Name]
Effective date: _ Policy owner: __
1. PURPOSE
[Company Name] uses an introductory period at the start of employment so that both
the employee and the company can evaluate whether the role is a good fit. The
period gives the new employee structured feedback and a clear picture of what is
expected, and gives the company a defined window to assess performance, attendance,
and working relationships.
2. SCOPE
This policy applies to:
•All newly hired employees
•Employees promoted into a new role [yes / no]
•Employees transferred to a different department or function [yes / no]
3. DURATION
The introductory period is [90] calendar days, beginning on the employee's first
day of work. Calendar days include weekends and holidays unless stated otherwise
here: __.
[Company Name] may extend the introductory period by up to [30 / 60] additional
days where more time is needed to evaluate performance. Any extension will be
given to the employee in writing, will state the reason and the new end date, and
will be issued before the original period expires.
4. WHAT WE WILL DO
During the introductory period, [Company Name] will:
•Give the employee written expectations for the role within the first [5] days
•Hold informal check-ins at least [weekly]
•Hold formal documented reviews at approximately day 30, day 60, and day 90
•Provide the training, tools, and access needed to perform the role
•Name a specific person the employee can go to with questions
5. WHAT WE EXPECT
•Meeting the performance standards stated in the role expectations document
•Reliable attendance and punctuality per our attendance policy
•Following company policies, including the employee handbook
•Working constructively with colleagues and accepting feedback
6. OUTCOMES
At the end of the introductory period, one of three things happens:
•Continuation. The employee continues as a regular employee.
•Extension. The period is extended in writing for a stated reason and duration.
•Separation. Employment ends.
7. PAY AND BENEFITS DURING THE INTRODUCTORY PERIOD
Wage and hour law, anti-discrimination law, and applicable state leave laws apply
from the first day of employment and are not affected by this policy.
Eligibility for [health insurance / paid time off / retirement plan] is governed
by the terms of those plans and by applicable law, not by this policy. The health
plan waiting period is [describe], which is a separate timeline from the
introductory period. Do not assume the two end on the same day.
8. AT-WILL EMPLOYMENT
Employment with [Company Name] is at-will. Either the employee or the company may
end the employment relationship at any time, with or without notice and with or
without cause, subject to applicable law. Completing the introductory period does
not change the at-will relationship, does not make the employee a permanent
employee, and does not create a contract of employment or any promise of continued
employment. No manager or representative of [Company Name] has authority to alter
the at-will relationship except in a written agreement signed by [officer title].
9. ACKNOWLEDGMENT
I have read and understood this Introductory Period Policy.
Employee signature: __ Date: _
Manager signature: __ Date: _
DISCLAIMER: This is a sample template for general information only and is not
legal advice. Wording around completion of an introductory period has been found
by courts to create implied contract obligations in some circumstances, and
Montana is not an at-will state. Have a qualified employment attorney review this
policy before adopting it.
Template 2: Employee Acknowledgment and Agreement Form
The signable form with employee details, both dates, seven numbered acknowledgments, and signature lines for employee and manager. It also tells you not to collect a Social Security number on it, which several widely circulated versions of this form do.
Employee Acknowledgment and Agreement Form
INTRODUCTORY PERIOD ACKNOWLEDGMENT
[Company Name]
EMPLOYEE INFORMATION
Employee name: __
Position: __ Department: __
Manager: __
Date of hire: _
Introductory period ends on: _ ([90] calendar days from date of hire)
Note for the employer: do not collect a Social Security number on this form. It
belongs on the W-4 and I-9 and should stay in the restricted file, not in a
document circulated to managers.
WHAT I AM ACKNOWLEDGING
1. I understand that my first [90] calendar days of employment are an introductory
period during which [Company Name] and I will evaluate whether this role is a
good fit.
2. I understand that I will receive written expectations for my role, informal
check-ins at least [weekly], and formal reviews at approximately day 30, day 60,
and day 90.
3. I understand that [Company Name] may extend the introductory period in writing
before it expires, stating the reason and the new end date.
4. I understand that completing the introductory period does not make me a
permanent employee, does not create a contract of employment, and does not
change the at-will nature of my employment.
5. I understand that my employment is at-will: either [Company Name] or I may end
the employment relationship at any time, with or without notice and with or
without cause, subject to applicable law.
6. I understand that eligibility for benefits is governed by the terms of those
plans and applicable law, on timelines that are separate from this introductory
period.
7. I have received and read the Introductory Period Policy and the employee
handbook.
SIGNATURES
Employee signature: __ Date: _
Printed name: __
Manager or supervisor signature: __ Date: _
Printed name and title: __
Copy given to employee on: _ By: __
DISCLAIMER: This is a sample form for general information only and is not legal
advice. Have a qualified employment attorney review the at-will language before
use, and confirm your state's requirements.
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Template 3: 30 / 60 / 90 Day Review and Evaluation Form
Nine rated criteria on a four-point scale, a rule that any low rating requires a written comment and a corrective action, space for specific examples rather than traits, goals with dates, and a day-90 recommendation with three options.
30 / 60 / 90 Day Review and Evaluation Form
INTRODUCTORY PERIOD REVIEW
[Company Name]
Employee: __ Position: __
Manager: __ Date of hire: _
Review point (select one): [ ] Day 30 [ ] Day 60 [ ] Day 90 [ ] Other: ______
Adherence to policies and safety [ 1 ] [ 2 ] [ 3 ] [ 4 ]
SPECIFIC EXAMPLES
What is going well (name an actual task, date, or outcome):
_____
_____
What needs to improve (name an actual task, date, or outcome, not a trait):
_____
_____
GOALS BEFORE THE NEXT REVIEW
1. ____ by _
2. ____ by _
3. ____ by _
WHAT THE EMPLOYEE NEEDS FROM US
Training, tools, access, or clarification the employee has asked for:
_____
Employee comments:
_____
RECOMMENDATION (DAY 90 ONLY)
[ ] Continue employment as a regular employee
[ ] Extend the introductory period by [30 / 60] days. Reason: __
New end date: _
[ ] End employment. Reason: ____
(Review the documentation trail and consult [owner / counsel] before acting.)
SIGNATURES
Manager signature: __ Date: _
Employee signature: __ Date: _
(Employee signature confirms the review took place, not agreement with it.)
DISCLAIMER: This is a sample form for general information only and is not legal
advice. Apply rating criteria consistently across employees and keep completed
reviews in the employee file.
Template 4: Small-Business Version, One Page
The same substance in a quarter of the words, in plain language, for an owner who runs hiring directly. Written to be read by the employee rather than filed unread, with the at-will and benefit points intact.
Introductory Period Policy (Small Business, One Page)
INTRODUCTORY PERIOD
[Company Name]
Effective date: _
A short, plain-language version for a small business where the owner or a manager
runs hiring directly, without an HR department. It covers the same ground as the
full policy in about a quarter of the words.
THE FIRST 90 DAYS
Your first [90] calendar days here are an introductory period. It is a two-way
look: we find out whether the role works for you, and you find out whether it
works for us.
WHAT YOU CAN EXPECT FROM US
•A written list of what the job actually involves in your first week
•A check-in with [manager] every [week], even when things are going fine
•A longer, written conversation at around day 30, day 60, and day 90
•The training and tools you need. If something is missing, tell us
WHAT WE EXPECT FROM YOU
•Do the work described in your role expectations
•Show up on time and let us know early when you cannot
•Follow our policies, including the handbook you received
•Tell us when something is unclear rather than guessing
AT THE END OF 90 DAYS
One of three things happens: you carry on as a regular employee, we extend the
period in writing for a stated reason, or we part ways. There is no fourth
outcome and no silent pass. You will hear from us either way.
THINGS THAT DO NOT CHANGE ON DAY 91
Your employment is at-will from the first day and stays at-will after the
introductory period ends. Either of us can end it at any time, with or without
notice or cause, subject to applicable law. Finishing these 90 days does not make
you a permanent employee and does not create an employment contract.
Your pay, overtime, protection from discrimination, and any state leave you are
entitled to all apply from day one. Benefit eligibility runs on the plan's own
timeline, which is not the same as this one.
ACKNOWLEDGMENT
I have read and understood this policy.
Employee signature: __ Date: _
Manager signature: __ Date: _
DISCLAIMER: This is a sample template for general information only and is not
legal advice. Have a qualified employment attorney review the at-will language
before adopting it, particularly if you employ anyone in Montana.
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Extends the period with a specific reason tied to a prior review, a new end date, what must change, what you will provide, and an explicit statement that there will not be a second extension.
Introductory Period Extension Letter
INTRODUCTORY PERIOD EXTENSION
[Company Name]
[Date]
[Employee Name]
[Position]
Dear [Employee Name],
Your introductory period was scheduled to end on [original end date]. We are
extending it by [30 / 60] calendar days, to [new end date], so that you have more
time to reach the standard for the role and we have more time to evaluate.
This letter is being given to you before the original period expires, as our
policy requires.
WHY WE ARE EXTENDING
[State the specific reason. Name the task, metric, or behavior, and reference the
review where it was discussed. For example: at your day 60 review we agreed that
order accuracy needed to reach 98 percent; it is currently at 91 percent.]
[Where the reason is partly on us, say so. For example: your first three weeks
were disrupted by the system migration and you did not get the training we had
planned.]
WHAT NEEDS TO CHANGE BY [NEW END DATE]
1. ____
2. ____
3. ____
WHAT WE WILL DO
•[Specific training, shadowing, or tool access we are providing]
•Check-ins with [manager] every [week] during the extension
•A written review on [date]
WHAT HAPPENS AT THE END
At the end of the extension we will either confirm you as a regular employee or
end your employment. There will not be a second extension.
Nothing in this letter changes the at-will nature of your employment. Either you
or [Company Name] may end the employment relationship at any time, with or without
notice and with or without cause, subject to applicable law.
Sincerely,
__
[Name], [Title]
Acknowledged:
Employee signature: __ Date: _
DISCLAIMER: This is a sample template for general information only and is not
legal advice. Confirm your policy permits extension and that the extension is
issued before the original period expires. In Montana the original period plus
any extensions is capped by statute.
Template 6: Introductory Period Completion Letter
Confirms the employee as a regular employee, names two or three specific things that went well, restates at-will status, and deliberately never uses the word permanent.
Introductory Period Completion Letter
COMPLETION OF INTRODUCTORY PERIOD
[Company Name]
[Date]
[Employee Name]
[Position]
Dear [Employee Name],
You have completed your introductory period, which ended on [date]. Thank you for
a strong first [90] days.
WHAT WENT WELL
[Name two or three specific things. A letter that says only "you have completed
your introductory period" is a formality; one that names what the person actually
did is worth keeping.]
WHERE WE ARE GOING NEXT
•Your next review will be on [date], on our regular [annual / semi-annual] cycle
•Goals for the next [quarter]: _______________________
•[Any change in pay, title, schedule, or responsibilities, with the effective
date. If nothing changes, say so plainly.]
BENEFITS
[State the current status of benefit eligibility and the dates involved. Do not
imply that benefits started because the introductory period ended; the plan
timeline is separate.]
ONE IMPORTANT NOTE
Completing the introductory period does not change the terms of your employment.
You are a regular employee of [Company Name], and your employment remains at-will:
either you or the company may end it at any time, with or without notice and with
or without cause, subject to applicable law. This letter is not a contract of
employment and is not a promise of continued employment.
Welcome to the team properly.
Sincerely,
__
[Name], [Title]
DISCLAIMER: This is a sample template for general information only and is not
legal advice. The word "permanent" is deliberately absent from this letter.
Courts have found that describing an employee as permanent after an initial
period can support an implied contract claim. Have counsel review before use.
What a Policy Must Include
Four groups of content make a policy complete. The first three are what every competing template covers. The fourth is where the value actually is, and where the thin ones stop after a single sentence.
The basics
Purpose and who it applies to
Duration in calendar days
Start point: first day of work
The process
Written expectations in week one
Check-in cadence
Formal reviews at 30, 60, 90
The outcomes
Continue as a regular employee
Extend in writing, with a reason
End employment
The legal layer
At-will disclaimer, stated twice
No permanent employee language
Benefits run on a separate timeline
Note what is deliberately absent: any suggestion that the period confers a status. The policy defines a process and an evaluation window. It does not create a class of employee, and any wording that implies it does is working against you. Which employment laws reach your business depends on headcount, but none of them contain a probationary carve-out.
The Wording That Voids It
Here is the part that separates a document worth having from one that creates exposure. In an at-will state the period gives you nothing you did not already have, so the only thing your wording can do is take something away.
The document can take away rights you already had
This is the counterintuitive part. In at-will states a probationary period grants no additional termination rights, because you already had the right to end employment at any time for any lawful reason. What a badly worded policy can do is remove rights. Courts have found that describing an employee as permanent, or as having earned job security, once an initial period is completed can support a claim that an implied contract was formed, converting an at-will relationship into one requiring cause. The practical rule is simple: never use the word permanent, put the at-will disclaimer in both the policy and the acknowledgment, and say explicitly that completing the period creates no contract and no promise of continued employment. This is general information, not legal advice.
Benefits do not switch on when the period ends
Ninety days is also the federal cap on health plan waiting periods, and the coincidence causes a lot of confusion. The two timelines are separate: your introductory period is company policy, while the waiting period is set by the plan and by federal law. There is also a wrinkle most sources miss. The final rules allow a reasonable, bona fide employment-based orientation period of up to one month to run before the 90-day waiting period begins, so the maximum combined delay before coverage can exceed 90 days from the start date. Write the two timelines into the offer and the policy as separate dates. Employees who assume benefits begin on day 91 because probation ended on day 90 are a recurring source of avoidable friction. This is general information, not legal advice.
Montana is a different document entirely
Montana is the only state that is not at-will after an initial period, and its rules are statutory rather than a matter of company policy. Under the Wrongful Discharge from Employment Act, an employer that does not establish a specific probationary period gets a default period of 12 months by operation of law, and the original period plus any extensions may not exceed 18 months. Leaves of absence do not count toward the period unless the employer affirmatively elects to include them. After the period ends, discharge requires good cause. Two consequences follow. A generic 90-day policy shortens your own window in Montana, and many competing templates still print the pre-2021 figure of six months. If you employ even one remote person in Montana, use a Montana-specific policy. This is general information, not legal advice.
Every protection applies from day one
There is no probationary carve-out anywhere in employment law. Anti-discrimination protections, wage and hour rules, overtime, workplace safety, and applicable state leave entitlements all apply from the first hour of work, and unemployment eligibility turns on earnings in the base period and whether the separation involved misconduct, not on whether someone was labeled probationary. Poor performance or poor fit is generally not misconduct. This matters for how you write the termination, because a decision explained as failing to pass probation implies that passing would have conferred security, which is the same implied-contract problem in a different form. Explain the separation by reference to the specific documented performance issues instead. This is general information, not legal advice.
The fix is mostly a matter of word choice, and it is cheap to get right. Six phrases account for most of the risk.
Risky phrasing
The problem
Safer version
Becomes a permanent employee
Implies a promise of continued employment and is the single most cited trigger for implied contract claims
Continues as a regular employee
Upon successful completion, employment is secured
States job security outright
Completing this period does not change the at-will relationship
Probationary employee
Suggests a formal disciplinary process with due process attached
Employee in the introductory period
Will only be terminated for cause after probation
Converts at-will into a just-cause standard in one sentence
Delete entirely; state that employment remains at-will at all times
You did not pass probation
Implies that passing would have conferred security, in the highest-risk conversation you will have
Reference the specific documented performance issues from the reviews
Benefits begin after the probationary period
Ties two independent timelines together and creates a claim when they diverge
Benefit eligibility is governed by the plan terms and applicable law
The at-will disclaimer belongs in two places, not one: in the policy and again on the acknowledgment the employee signs. Once counsel has reviewed the language, it does not need reviewing again unless you change it. Our guide to at-will employment covers the wider doctrine.
Benefits and the 90-Day Cap
Ninety days is also the federal ceiling on health plan waiting periods, and the shared number makes people assume the two timelines are the same one. They are not, and the assumption produces a predictable argument on day 91.
The Orientation Month Most Sources Miss
Federal rules require that no group health plan or issuer impose a waiting period exceeding 90 days after an employee is otherwise eligible for coverage (U.S. Department of Labor). Less widely known: the final rules also permit a reasonable and bona fide employment-based orientation period of up to one month to run before the 90-day waiting period begins (Federal Register). Coverage can therefore lawfully begin more than 90 days after the start date.
Write both dates into the offer letter and the acknowledgment form as separate lines. The waiting period is set by your plan; the introductory period is set by you. Paid time off accrual during the period is a policy choice. State-mandated paid sick leave generally applies from day one and is unaffected by either.
The Montana Exception
Montana is the one state where a probationary period has statutory force rather than being purely a company policy, and the rules changed in a way many published templates have not caught up with.
12 Months by Default, 18 Maximum
Under Montana law, if an employer does not establish a specific probationary period or state that there is none before the employee begins work, a probationary period of 12 months applies by default, and the original period together with any extensions may not exceed 18 months. Leaves of absence do not count toward the period unless the employer affirmatively elects to include them (MCA 39-2-910). Many competing templates still print the pre-2021 figure of six months. This is general information, not legal advice.
Two practical consequences. Adopting a generic 90-day policy in Montana shortens your own at-will window from a statutory year to three months, which is usually the opposite of what the employer intended. And after the period ends, discharge requires good cause rather than being at-will. If you employ even one remote person there, use a Montana-specific policy and read our Montana compliance guide first.
vs a 30-60-90 Day Plan
Three documents get confused with each other constantly, usually by employers who think they already have one because they have another. They overlap in timing and in almost nothing else.
Document
What it is about
Who writes it
What it decides
Introductory period policy
Employment status and evaluation window
The employer, once, for everyone
What happens at the end: continue, extend, or separate
30-60-90 day plan
Ramp, learning, and deliverables
Manager and new hire together
What the person should be able to do by each milestone
Performance review form
Assessment against stated criteria
The manager, at each checkpoint
Whether the standard is being met, with evidence
Run all three at once. The 30-60-90 day plan says what good looks like, the policy says what happens if it is not reached, and the review form records which of the two is happening. The plan is a development tool and should not quietly become your disciplinary record; if performance is genuinely off track, that belongs in the review form and, past the introductory period, in a performance improvement plan.
How to Use These
The policy goes in the handbook once. Everything else happens per hire, on a schedule, and the schedule is where small businesses lose the value of the whole exercise.
When
What happens
Which document
Before day one
Policy already adopted and in the handbook
Policy, or small-business version
Day one
Signed with the rest of the new hire paperwork
Acknowledgment form
Week one
Written role expectations given to the employee
Your job description or role document
Day 30
First formal review, documented
Review form
Day 60
Mid-point review, documented
Review form
Day 90 or before
Decision made and communicated in writing
Review form plus completion or extension letter
Reference the projected end date in the offer letter as well, so the employee has it before day one rather than discovering it on a form. If the decision at day 90 is to separate, your termination policy governs the process from there.
The reviews are the part that gets skipped, and skipping them removes the entire benefit. A period with no reviews is not an evaluation window; it is ninety days of nothing followed by a decision made on impression. Calendar all three dates the moment the offer is accepted, before anything else competes for the time.
Sign, Store, and Track
These documents work on their own, printed and filed. The strain shows up in the ordinary way: the acknowledgment was signed but nobody knows where it went, the day-30 review happened verbally and was never written down, and the end date passed three weeks ago without anyone noticing.
Adopt the policy
Put the policy in the handbook, fill in your duration and extension rules, and have counsel review the at-will wording once.
Sign on day one
Hand the acknowledgment form over with the rest of the new hire paperwork and collect the signature before the first shift ends.
Actually run the reviews
Calendar day 30, 60, and 90 the moment the offer is accepted. The reviews are the whole value of the period, and they are what gets skipped.
Close it out in writing
Issue the completion or extension letter before the end date and file every review with the signed acknowledgment.
FirstHR handles this part. The policy and acknowledgment go out with the rest of the onboarding documents and come back e-signed with a dated record, the day 30, 60, and 90 checkpoints become assigned tasks rather than calendar entries someone has to remember, and everything files itself against the employee profile alongside the rest of their record.
Two habits make the difference regardless of what you use to run it. Keep completed reviews and the signed acknowledgment together in the personnel file, and never let the end date arrive without a written decision. FirstHR is an onboarding and HR platform, not a law firm: it does not review your policy language, run payroll, or administer benefit eligibility, so pair it with your plan administrator and your employment counsel. Applicant tracking is coming soon to FirstHR.
Key Takeaways
A probationary period takes three documents: the handbook policy, the signed employee acknowledgment, and the 30/60/90 review form.
It is company policy, not a legal requirement, and in at-will states it grants no additional termination rights.
Bad wording can cost you rights you already had; never describe an employee as permanent after the period ends.
Put the at-will disclaimer in two places: the policy and the acknowledgment the employee signs.
Benefit eligibility runs on a separate timeline, and federal rules allow an orientation month before the 90-day waiting period starts.
Montana applies a statutory 12-month default period, capped at 18 months, and requires good cause for discharge after it ends.
The reviews are the whole value. Calendar day 30, 60, and 90 when the offer is accepted. This is general information, not legal advice.
Frequently Asked Questions
What should a 90-day probationary period template include?
A complete package is three documents, not one. The policy states the rules for everyone and lives in the handbook: purpose, scope, duration in calendar days, extension provisions, the review cadence, what the company will provide, what it expects, the three possible outcomes, and an at-will disclaimer. The acknowledgment form is what the individual employee signs: their name, position, start date, projected end date, a numbered list of what they are acknowledging, and signature lines for both sides. The review form is the evaluation instrument used at day 30, 60, and 90: rated criteria, required comments on low ratings, specific examples, goals, and a final recommendation. Most pages offering a template give you only one of the three, which is why people end up searching again a week later.
Is a 90-day probationary period required by law?
No. No federal law and no state law requires an employer to use a probationary period. It is entirely a company policy decision, and plenty of businesses run without one. Montana is the one place where the concept has statutory meaning, and even there the period is not required: an employer may establish its own period or state that there is none, and only if it does neither does a statutory default apply. Everywhere else, the reason to have one is operational rather than legal. It creates a defined window with scheduled feedback, which is what actually improves the odds a new hire succeeds, and it produces documentation if the hire does not work out. It grants no extra authority to terminate.
Should I call it a probationary period or an introductory period?
Introductory period is the safer term, and it is what the templates on this page use in their body text. The concern is not the word itself but what it implies. Probation carries an association with a formal disciplinary process and due process rights, and paired with language about becoming permanent afterward it has supported claims that an employer promised something more than at-will employment. Evaluation period, introductory period, and training period all describe the same thing without that baggage. Keep the familiar phrase in your search-facing materials if you want, since that is what people look for, but write the policy itself in the safer language and never describe an employee as permanent at the end of it.
Can you fire someone during the 90-day probationary period?
In every state except Montana, yes, at any time for any lawful reason, exactly as you could before the period existed and exactly as you can after it ends. That is the point most templates get wrong by implication: at-will employment already permits termination without cause, so the period adds nothing. What has not changed is the list of unlawful reasons. Anti-discrimination protections apply from the first hour of work, so a termination connected to race, sex, age, disability, religion, national origin, pregnancy, or another protected characteristic is unlawful on day 12 exactly as it would be on day 1,200. Document the actual performance issues, explain the decision by reference to them, and avoid saying the employee failed to pass probation.
Can a probationary period be extended?
Yes, provided your written policy allows it and you issue the extension before the original period expires. The extension should be in writing and should state the specific reason, the new end date, what must change, and what support the company will provide. Thirty to sixty additional days is the common range. Two cautions. Say in the letter that there will not be a second extension, because an open-ended series of extensions defeats the purpose and starts to look like avoidance of a decision. And in Montana the original period together with any extensions may not exceed 18 months by statute. The extension letter on this page covers all of these points and is written to be filled in and sent the same day.
Do benefits start when the probationary period ends?
Not necessarily, and treating the two as one timeline causes avoidable disputes. Health plan eligibility is governed by the terms of the plan and by federal law, which caps waiting periods at 90 days. The two timelines happen to share a number, which is why people conflate them, but they are independent. There is also an additional wrinkle: the federal rules permit a reasonable, bona fide orientation period of up to one month to run before the 90-day waiting period begins, so coverage can lawfully start more than 90 days after the hire date. Paid time off accrual during the period is a matter of company policy. State-mandated paid sick leave generally applies from day one regardless. Write the benefit dates into the offer letter separately from the introductory period dates.
What is the difference between this and a 30-60-90 day plan?
They serve different purposes and are usually run at the same time. A 30-60-90 day plan is a development document: it lists what the new hire should learn, do, and deliver in each of their first three months, and it is often drafted with them. Its subject is productivity and integration. A probationary or introductory period is an HR policy about employment status: it defines an evaluation window, a review cadence, and the possible outcomes at the end. Its subject is fit and documentation. A useful way to keep them straight is that the plan says what good looks like, and the policy says what happens if it is not reached. Use both, keep them as separate documents, and do not let the plan quietly become the disciplinary record.
Does the 90-day period include weekends and holidays?
Yes, unless your policy states otherwise. Probationary periods are counted in calendar days by default, so a period beginning on a Monday ends exactly 90 calendar days later regardless of weekends, holidays, or how many days the employee actually worked. If you want to count only working days, or to pause the clock during an extended absence, you have to say so explicitly in the policy, because it will not be assumed. Montana handles this differently by statute: leaves of absence do not count toward the period unless the employer affirmatively elects to include them. Whatever rule you choose, write the projected end date on the acknowledgment form so both sides are working from the same date rather than counting later.
