Garden Leave Notice Period

There is a difference between offsetting notice period with annual leave and going on approved annual leave during notice period.

Garden leave notice period. Garden leave (or gardening leave) is when an employer tells an employee not to work for all or some of their notice period. 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. The employee must stay away from work during the whole or part of his notice period but continues to be employed and to receive pay and benefits.

Garden leave is basically a device which an employer can use to help protect itself against possible mischief by an employee during his notice period when the employee has resigned or been dismissed. They remain an employee during this period but do not perform services. This is used when an employee position is no longer needed during the notice period.

Instead, the employee is paid their full salary to stay at home. This is particularly significant with payment in lieu of notice. Garden leave usually occurs when an employee will have their employment terminated at a future date or have provided notice of their resignation.

In general, the employee should continue to receive all normal salary and benefits during garden leave, unless their employment contract says something different. They can ask you to take any unused holiday during. Xperthr defines garden leave as the practice of requiring an employee not to attend their employer’s premises for work during their 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. For all intents and purposes, during the garden leave, the employee remains an employee and must remain accessible to the employer. 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 “garden leave” or “gardening leave” is the practice of requiring an employee not to attend the employer’s premises for work during his or her contractual notice period. The most common occasion when garden leave provisions come into play, is when a valued employee wishes to leave and work for a competitor. A garden leave clause forms part of an employee’s contract of employment, the employer may elect to relieve the employee from performing his/ her duties for the duration of any notice period, on full pay.