Introductory Periods: US

This Introductory Period policy sets clear expectations for an employee's first 90 days at your organization, including how training, feedback, and performance reviews work during that ramp-up time, and how any benefit waiting periods may apply. There is no single US law that requires an introductory period policy, but many employers use one as a practical, employee-friendly way to explain what "getting started" looks like while reinforcing that employment remains at-will. A well-written policy can reduce confusion about eligibility timelines, help managers document coaching consistently, and avoid accidental promises about continued employment.

The History Behind Introductory Period Policies in US

Introductory period policies grew out of at-will employment and the constant tug-of-war over Employment Classification, especially the cut-off between a new hire and an employee with ongoing status. Courts have long allowed employers to end at-will employment for almost any lawful reason, but they have also enforced promises employers make in offer letters, handbooks, and manager statements when those promises sound like job security. Employers started using defined introductory periods to set expectations early and to avoid accidental commitments that could be argued as an implied contract.

Two things made the practice more common. First, wrongful termination and implied-contract cases made employers more careful about language that sounded like "permanent" employment, with decisions like Toussaint v. Blue Cross & Blue Shield of Michigan (Mich. 1980) and Woolley v. Hoffmann-La Roche (N.J. 1985) treating certain handbook-style assurances as enforceable in some circumstances. Second, federal benefits rules made timing matter, because ERISA plans often use eligibility waiting periods and the Affordable Care Act later added its own measurement concepts for full-time status. HR teams responded with a simple, time-bound ramp period that could coexist with at-will disclaimers and benefit plan terms without turning onboarding into a legal debate.

Union and wage-and-hour rules also shaped how employers talk about the first few months. The National Labor Relations Act protects employees from being treated differently because of protected concerted activity, even on day one, so "probation" could not become a free pass for retaliation. The Fair Labor Standards Act and state wage laws created another pressure point because new hires still had to be paid correctly, trained safely, and tracked for hours, even if they were not yet eligible for every perk. The result is the modern introductory period.

Which Law is the Introductory Period Policy Meant to Comply With?

There is no federal law that specifically requires an Introductory Period policy for US-based employees. We include this policy for companies who have an introductory period because it's a best practice that answers employee FAQs and sets clear expectations.

How to Write an Introductory Period Policy

• Start with "why" and introduce the concept.
• Define what the introductory period is and when it starts.
• Explain that the introductory period is used for onboarding support and a mutual fit evaluation.
• Describe the types of support and feedback employees can expect during the period.
• State what performance areas your organization will review during the period.
• Clarify that the introductory period can be extended when more evaluation time is needed.
• Confirm that completing the introductory period does not change at-will employment or guarantee continued employment.
• Address how benefits eligibility may work during the introductory period and direct employees to plan information for details.
• Tell employees where to go with questions.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer. 

This is a "depends on your workplace" policy. Include it if you offer the benefit, operate in a setting where this comes up, have a state-specific rule that differs from your national approach, or you've had issues in this area before. If you already have a clear all-employee policy that covers the same ground (and it meets US's requirements), you may not need a separate policy here. 

Other Considerations

None.

Exceptions

None.