How to calculate 90 days of employment

Introduction

Calculating 90 days of employment is an important concept in the workforce. It signifies a probationary period that most new hires go through before they become permanent employees. At the end of the probationary period, the employer evaluates the employee’s performance and decides whether to continue their employment. 90 days is also a standard time period for determining employee eligibility for benefits. It is therefore critical that both employers and employees understand how to calculate and track 90 days of employment.

Calculating 90 Days of Employment

The calculation of 90 days of employment starts from the first day the employee is hired. It includes all calendar days, including weekends and holidays, and it does not require the employee to work continuously for the entire 90 days.

For example, if an employee started on January 1st, their 90th day of employment would be March 31st. Similarly, if an employee started on March 31st, their 90th day of employment would be June 29th.

It is essential to keep track of an employee’s 90 days of employment to ensure compliance with labor laws. Employers should maintain accurate records of employee start dates and probationary periods.

What happens after an employee completes the probationary period?

After an employee completes their probationary period, the employer evaluates their performance and decides whether to continue their employment. If the employee meets the employer’s expectations, they may become a permanent employee with the company.

What happens if an employee is terminated before completing the probationary period?

If an employee is terminated before completing the probationary period, the employer is not obligated to provide them with notice or a reason for their termination. However, employers should be mindful of potential discrimination or retaliation claims and ensure that the termination is lawful.

How does counting 90 days of employment affect employee benefits?

The Affordable Care Act (ACA) mandates that employers offer health insurance to employees who work an average of 30 or more hours per week, or 130 or more hours per month, for at least 90 days. This means that an employee who meets these requirements becomes eligible for health insurance after 90 days of employment.

Are there exceptions to the 90-day probationary period?

Some states have their own laws that supersede the 90-day probationary period. For example, California has a 120-day probationary period for certain employees. Employers should consult with the state labor department to determine whether there are any exceptions to the 90-day probationary period in their state.

Record Keeping

Employers are required to maintain accurate records of employee start dates, probationary periods, and performance evaluations. Employers should also track employee absences and keep records of disciplinary actions taken during the probationary period. This documentation will help employers make informed decisions about the employee’s job performance, and in case of a dispute, provide evidence of the employee’s performance.

What information should be included in an employee’s file?

An employee’s file should include their start date, job description, employment offer, performance evaluations, disciplinary actions, attendance records, and any applicable signed agreements. Employers should also keep their employee files confidential and secure.

Are employers obliged to provide performance evaluations during the probationary period?

There is no legal obligation for employers to provide performance evaluations during the probationary period. However, employers should provide feedback to employees regularly to ensure that the employee understands their job duties and what is expected of them.

Can employers extend the probationary period?

Yes, employers can extend the probationary period if the employee’s performance is not up to standard, or the employee is performing well but requires more time to meet the job requirements. Employers should inform the employee of the extension and the reasons for it in writing.

Conclusion

Tracking and calculating 90 days of employment is critical in ensuring employee compliance with labor laws, especially for employee benefits. Employers should maintain accurate records of employee start dates, probationary periods, and performance evaluations, and keep their employee files confidential and secure. By following these guidelines, employers can minimize the risk of disputes and claims related to probationary periods.

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