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The purpose of garden leaves in employment

On Behalf of | Jan 13, 2023 | Employment Law

A garden leave allows employees to leave their work while remaining on the workforce. In the past, workers were given special privileges to leave work for personal reasons. The employee is placed on a special paid leave while being required to follow the conditions of employment. A gardening leave provides a number of benefits and disadvantages for employers and their employees in Rhode Island.

What it is

Garden leave is the notice period when an employee leaves a discontinued job and has to refrain from full duties while receiving the same pay and benefits. The employee has to stay away from the workplace, transfer to another workplace or work from home.


A garden leave allows employees, after being fired or resigning, to continue receiving the same payments. For employers, this period allows them to continue benefitting from the employees’ services without having direct, everyday contact with them. Employers can maintain control over employees who have signed confidentiality agreements and cannot work for the company’s competitors. Employees are prevented from making decisions that are detrimental to the company and its future workforce.


A garden leave is often a form of retaliation against an employee. The employer makes it seem that a terminated employee will remain on good terms with the company and its staff. Also, employers may disrupt the business’s operations by giving out too many leave periods and not requiring the employees to show up and work normal schedules.

A garden leave occurs when an employer tells a fired or resigned employee to leave the workplace but remain active during the notice period. The employee is required to work at another location or work from home while remaining on the payroll. The employee is not allowed to violate their non-compete clause or confidentiality agreement, so the employer is allowed to keep the company’s interests in mind. In addition, the employee is allowed to continue working while receiving the pay and benefits.