Garden Leave

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. Gardening leave is where an employee takes paid leave after they have been given notice of termination or has resigned from a business.


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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.

Garden leave. 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. In the majority of occasions employers should include a suitable provision in your contract of employment to allow you to be read more. Massachusetts passed a garden leave clause into law in 2018.

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. How does garden leave work. Gardening leave or garden leave is a term most commonly used in the financial industry in the u k australia and new zealand.

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. What is garden leave. This can be a key protection for employers along with post termination restrictive covenants.

This is used when an employee position is no longer needed during the notice period. A period of time after an employee leaves a job when they continue to be paid but are not. However they must be available or contactable throughout the entire period.

Gardening leave helps protect your data by restricting employee access to computers files and systems. 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. The employee is not required to perform their duties during this notice period.

A garden leave clause in your contract of employment allows your employer to exclude you from work for the duration of your notice period.


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