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Probation

Q1: If a person employed by a separate agency has a different probationary period when hired in the Core Public Administration, can it be modified or must it continue to respect theoriginal probationary period imposed in the original offer by the separate agency?

A1: Section 61 of the PSEA is the provision that specifically deals with probation periods.

61 (1) A person appointed from outside the public service is on probation for a period

  1. established by regulations of the Treasury Board in respect of the class of employees of which that person is a member, in the case of an organization named in Schedule I or IV to the Financial Administration Act;
  2. or determined by a separate agency in respect of the class of employees of which that person is a member, in the case of an organization that is a separate agency to which the Commission has exclusive authority to make appointments.

The position to which the person is appointed from outside the Public Service is determinative of the period of probation (even if it is in a separate agency).  If the period of probation was over, a subsequent move (e.g. to the core) does not create a new probationary period, because the appointment is not from outside the public service.  If the period of probation was not over, the new appointment in the core public administration does not extend the period of probation but completes the original period.

Q2: Joining a developmental program. Some employees are from other federal government with their probation period completed, some with a few months left of their one year, some from internal employees but applied on the external process. What happens to the probationary period?

A2: Section 61(1) of the PSEA only imposes a probation on those appointed from outside the Public Service.  There is only one probationary period when appointed from outside.  The length of that probation was determined and stipulated in the original letter of offer.  Once that probation has been completed, it cannot be extended or a second one imposed.

Therefore, if an employee is already in the Public Service when joining a developmental program, and the person has already completed the probation, another cannot be imposed.  If the person is part way through the probation, the original probationary period must be completed, but it cannot be extended nor a new one be imposed.

Q3. What are the major highlights regarding probation in the new PSEA?

A3. There are three:

  1. Subsection 61(1) authorizes the Treasury Board to establish, by regulation,   the probationary period for classes of employees who are appointed from outside the public service.
  2. The probation period on initial appointment to the public service may be fulfilled in either a Schedule I or IV employer or in a Schedule V employer for which the PSC has exclusive authority to make appointments.
  3. The notice period for termination of employment can be met either through the completion of the actual time period or, at the deputy head's discretion, by the payment of an amount equal to the salary that the employee would have received during that notice period.

Q4. Must employees from separate agencies undergo a probationary period when deployed or appointed under the PSEA?

A4. The new PSEA clearly states that probation is served only upon appointment from outside the public service, which includes persons not appointed under the PSEA (for example, persons appointed as casuals). A probationary period is applicable to initial appointments to organizations of the FAA in Schedule I and IV organizations (TB establishes the regulations) and Schedule V or separate agencies for which the PSC has exclusive authority to make appointment. Once an employee has served the probationary period it cannot be served again unless the employee leaves the PS and then returns.

Q5. How does one deal with employees on extended language training who are constantly absent and do not apply themselves in class? Can they be rejected on probation?

A5. The Regulations Establishing Periods of Probation and Periods of Notice of Termination of Employment During Probation states that probationary periods do not include any period of full-time language training, therefore the employee in training is not on probation at this point.  A manager may decide to end, temporarily or permanently, an employee's language training at which time the employee assumes performance of duties at work. Only then, the employee would be on probation. Termination for rejection on probation can apply where is it the result of unacceptable performance or misconduct under performance management guidelines. Please consult with your OL offices for further consultation on language training.

Q6. It normally takes two to three years to complete a research project in SE-RES and DS occupational groups. Are there probationary periods for this group?

A6. Yes. This is addressed in the current Public Service Employment Act (PSEA) and its Regulations Establishing Periods of Probation and Periods of Notice of Termination of Employment During Probation. The schedule of the regulations, Item 3 defines probationary periods timeframe for the DS and SE-RES occupational group.

Q7. Although performance management is practiced during the probationary period, if an employee does not meet the expectations set by managers, initially and through regular communications, can he or she be let go?

A7.  The TB Guidelines on Rejection on Probation provides the guidance and procedures to managers who may need to reject an employee on probation.

Q8. What happens if an employee fails to complete official language training within the probation period?

A8. The probation period is distinct from the exemption period for meeting official languages requirements in accordance with the Official Languages Exclusion Approval Order. The probation period applies on appointment from outside the public service and the exemption period applies to any non-imperative staffing action (appointment or deployment). The probation period duration is in accordance with the Public Service Employment Act (PSEA) and its regulations.

The exemption period is two years from the appointment or deployment. The probation period and the exemption period may be concurrent, depending upon the effective date of the appointment. Meeting the official languages requirements of a position following a non-imperative appointment is not a requirement to be met during the probation period but a requirement to be met by the end of the exemption period. Therefore, there are no consequences should an employee fail to complete official language training before the end of the probation period.

Q9. Are employees who have been laid off and subsequently appointed, subject to a probation period?

A9. Yes. Once laid off, the person is no longer an employee. The subsequent appointment is an appointment from outside the public service and the employee must fulfill the probation requirements.

Q10. Why is there a different notice period of termination for term employees appointed for 12 months or less in the Treasury Board Regulations versus Treasury Board Term Employment Policy?

A10. As provided for in the PSEA Regulations Establishing Periods of Probation and Periods of Notice of Termination of Employment During Probation, the notice period of termination for rejection on probation for term employees appointed for 12 months or less, is two weeks, or the balance of the term appointment period, whichever is shorter (Schedule, Item 1). Termination for rejection on probation is the result of unacceptable performance or misconduct.

As provided in the Term Employment Policy of TB, the non-renewal or early termination of a term employee is the result of operational reasons for non-continuity of employment or lack of work.  The notice period for non-renewal or early termination of the term appointment is one month.

The difference is the policy addresses operational issues, while the regulation addresses the performance requirements within the PSEA.

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