In general, employers are legally entitled to extend an employee's probation period, provided they have reasonable grounds to do so and follow proper procedures as set out in the employment contract and company policy. However, when an employee is absent due to long term sick leave, employers should proceed with due care and caution to avoid the employee bringing a claim against them for disability discrimination.

In the first instance, employers should ensure that clear and detailed clauses regarding an employee's probation are documented in both the employee’s contract of employment and the company’s probation policy. In such clauses, employers should set out under exactly which circumstances