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Glossary > Employment Law > Termination And Dismissal > General
Legal Disclaimers

Garden Leave

In simple terms, Garden Leave refers to a situation where an employee has been asked to stay away from work during their notice period after resigning or being terminated. During this time, the employee is still formally employed and receives their salary and benefits but is not required to perform any duties.

Example #1

For example, Sarah resigned from her job but her employer decided to put her on Garden Leave for the remaining two months of her notice period. During this time, Sarah continued to receive her salary and benefits without having to come into work or perform any tasks.

Misuse

Misuse of Garden Leave can occur when employers unfairly use it to sideline employees who may have raised concerns about workplace safety, discrimination, or other legal issues. Employers may put employees on Garden Leave as a form of retaliation or to avoid potential conflicts, depriving the employee of meaningful work or the opportunity to address issues within the organization. This misuse goes against the principle of fairness and transparency in employment practices and can negatively impact the employee's rights and career.

Benefits

One of the benefits of Garden Leave is that it provides a transition period for both the employer and the departing employee. It allows the employee time to search for a new job while still receiving their salary and benefits, providing financial stability during the transition. For the employer, it ensures a smooth handover of duties and knowledge transfer without the risk of the departing employee being involved in sensitive matters or potentially damaging operations.

Conclusion

Garden Leave, when used appropriately, can benefit both employers and employees by facilitating a smooth transition during employment changes. It can help preserve the employee's rights and provide financial security while allowing the employer to protect its interests and operations. However, it is essential to ensure that Garden Leave is not misused to undermine employee rights or avoid addressing workplace issues.

Related Terms

Termination LetterEmployment ContractFair Labor Standards Act (FLSA)

Last Modified: 4/30/2024
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