What is garden leave Why might you get it? Garden leave is when an employer requests that an employee, upon submitting their notice, need not return to the office. This is a type of absence where an employee is asked not to work during their notice period, in anticipation of their departure, while still being kept on the payroll.
What do you do during garden leave? During gardening leave, the individual will be contractually retained by the employer as an employee, but they will be kept away from the business. This means that the employee will not be required to complete any work, attend work, or to communicate with colleagues and clients.
How long is gardening leave UK? Gardening leave (also known as garden leave) is essentially a period of paid leave beginning from when you hand in (or are handed) your notice, to when your contract of employment terminates. This is typically between one and 12 weeks.
What is gardening leave in Australia? Gardening leave is where an employee does not need to attend the workplace, but their employer continues to pay them for the duration of their notice period and they remain on full remuneration. The employee is not required to perform their duties during this notice period.
What is garden leave Why might you get it? – Additional Questions
Can I work while on gardening leave?
During garden leave your employer may require you to perform alternative duties or work from home, and you may be required to return any company property in your possession which was provided for work purposes, such as a company mobile or laptop.
Can you go on holiday during gardening leave?
Employees also continue to accrue holiday during garden leave, even though they are not attending work. You may be able to require them to take holiday during their notice period, but remember when calculating it that you need to include holiday accrued to their actual termination date.
How long is gardening leave Australia?
Gardening leave is typically between three and six months, but the timeframe for will vary depending on the seniority of the employee in question.
Who pays gardening leave?
Your employer may ask you not to come into work, or to work at home or another location during your notice period. This is called ‘gardening leave’. You’ll get the same pay and contractual benefits.
How do you get placed on gardening leave?
If you have access to business-sensitive information or senior-level staff, you could be placed on gardening leave if you quit your role. It’s worth noting, though, that employers should always stipulate the potential for gardening leave in your contract.
How do you ensure you get gardening leave?
Garden leave can also be instigated at the employee’s request (if it suits you too) or as part of negotiated terms over departure. You must make sure either that the employee’s contract of employment gives you a specific and enforceable right to use garden leave or the employee agrees in advance, preferably in writing.
Can my employer refuse garden leave?
If an employee requests that they are placed on Garden Leave when they tender their resignation, the employer has the right to refuse. However, many employers may find that it is to their benefit to agree to this as part of the agreement of terms for leaving their employ, as it can limit disruptions in the workplace.
Can I ask my employer for gardening leave?
Yes, garden leave can be requested by an employee as part of coming to an agreement on terms over leaving a position. Contracts of employment must give the right to use garden leave.
Can you be dismissed on garden leave?
Gardening leave redundancy
Remember, being on gardening leave means you are still employed and you can’t breach the terms of your contract, this could amount to gross misconduct and your employer could dismiss you without notice.
Can I start a new job on garden leave?
During garden leave you remain as an employee at the business. This means you will be unable to start a new role until your last date of service as you remain bound by your contract of employment.
Can you tell people you are on garden leave?
This is typically how ‘gardening leave’ works: Gardening leave usually starts on the day you give notice. You may be asked to finish off whatever task you were doing or create a handover document. You are forbidden from contacting clients or colleagues while on gardening leave (a duty of confidentiality still applies)