90-Day Probationary Period in Florida

All employers in Florida should be aware of—and take advantage of—the 90-day probationary period for new employees.

As an employee leasing company, PEP is well-versed on all employment laws, and we will help you navigate through those laws for the best possible outcome. For more information, call PEP at 1-800-650-3002.

Florida’s 90-day probationary period states that employers have 90 days to evaluate an employee after the employee is hired. If the employer discharges the employee during the 90-day period, the employer will not be charged for unemployment. The employee can still be granted unemployment pay through the unemployment office, but those unemployment benefits will not be charged to the employer’s taxpaying account.

In addition to the amount of money saved by the employer in unemployment taxes, the 90-day probationary period has other substantial benefits:

  • The 90-day probationary period is almost like an extended interview of the employee. Before the 90 days is over, you will have a much better understanding of the employee’s experience, abilities, and dependability.
  • You have 90 days to train the employee and set expectations, enabling you to thoroughly understand if the individual is a good match for the position and your company.
  • You, as the employer, have the peace of mind knowing the employee can still collect unemployment benefits if he or she is discharged during the 90-day probationary period.

On the day you hire an employee, write down the ending date of his or her 90-day probationary period and keep this date fresh in your memory. Make sure to evaluate the employee’s performance throughout the 90 days. At the very least, do a thorough evaluation of the employee about a week before the 90-day period ends. If you are not impressed with the employee’s performance at that time, it’s probably best to go ahead and discharge the employee before the 90 days is over.

The state of Florida uses 90 calendar days for this law. Applied wisely, the 90-day probationary period can cut your unemployment costs.


Professional Employer Plans