Is it 90 working days or just 90 days after the employee is hired?
This depends upon company policy, but usually it is 90 calendar days after hiring, not 90 work days. For legal purposes, there is nothing magic about the 90-day period, or about a probationary period.
There are many misunderstandings about the 90-day probationary period. Twenty years ago, most companies had a policy that the first 90 days were a probationary period. The purpose of the probationary period was to determine if the job was a good fit between employee and employer. During the probationary period, the employee had few if any benefits. Employees assumed that it was easier to let them go during the probationary period. Often, under state law, an employee who was discharged within the 90-day probationary period was not eligible for unemployment. Or at least, the most recent employer was not the chargable employer for unemployment insurance purposes.
Much of that has changed, making the probationary period obsolete or at least less used. Under employment at will, any employee can be fired at any time for any (legal) reason or for no reason at all. Some laws entitle employees to group health insurance in less than 90 days, in many cases. And in many states employees who work even a few weeks may be eligible for unemployment, with the most recent employer the chargable party. A few companies do not give some benefits to workers for the first 90 days, but beyond that, the probationary period has little meaning, from an employment law standpoint.
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