Garden Leave

This is used when an employee position is no longer needed during the notice period.

Garden leave. Employers might wish to place their employees on garden leave to take them out of the office before the employee commences another job in competition with the employer. Gardening leave is where an employee takes paid leave after they have been given notice of termination or has resigned from a business. How does garden leave work.

In the majority of occasions employers should include a suitable provision in your contract of employment to allow you to be read more. Garden leave describes the practice whereby an employee leaving a job having resigned or otherwise had their employment terminated is instructed to stay away from work during the notice period while still remaining on the payroll. Garden leave refers to the process where you spend part or the full duration of your notice period away from the office on payroll and receiving contractual benefits of employment.

Gardening leave or garden leave is a term most commonly used in the financial industry in the u k australia and new zealand. However they must be available or contactable throughout the entire period. Garden leave or gardening leave came to prominence after it was used during an episode of yes prime minister in 1986 and describes the practice where an employee leaving a job having resigned or otherwise had their employment terminated is instructed not to attend the workplace or perform duties but remains on full remuneration.

The employee is not required to perform their duties during this notice period. The right to place an employee on garden leave is a contractual one meaning you should include a garden leave clause when drafting an employee contract. Gardening leave helps protect your data by restricting employee access to computers files and systems.

This can be a key protection for employers along with post termination restrictive covenants. Massachusetts passed a garden leave clause into law in 2018. Garden leave is a period of time where the employer requests an employee not to report for work although the employee s employment contract has not expired.