Formisano & Company Attorneys At Law

Schedule A Consultation Today.

Call 401-400-4402

  • Home
  • Firm Overview
  • Attorney
    • V. Edward Formisano
  • Practice Areas
    • Employment Law
    • Discrimination
    • Sexual Harassment
    • Whistleblower Claims
    • Family And Medical Leave Act
    • Wage – Hour & Overtime Disputes
    • Separation Agreements
    • Employer Retaliation
    • Wrongful Termination
    • Employment Contracts
    • Civil Litigation
    • Civil Rights
  • Testimonials
  • Case Results
  • Blog
  • Contact
  • Home
  • Firm Overview
  • Attorney
    • V. Edward Formisano
  • Practice Areas
    • Employment Law
      • Employer Retaliation
      • Employment Contracts
      • Whistleblower Claims
      • Wrongful Termination
    • Discrimination
      • Age Discrimination
      • Disability Discrimination
      • Gender Discrimination
      • Military Discrimination / Harassment
      • Pregnancy Discrimination
      • Racial Discrimination
      • Religious Discrimination
      • Sexual Orientation Discrimination
      • Steps To Take When Facing Workplace Discrimination
      • Discrimination & Harassment FAQ
    • Sexual Harassment
    • Family And Medical Leave Act
      • Am I Covered Under FMLA?
    • Wage – Hour & Overtime Disputes
      • MOVED TO DRAFT, COMBINED INTO WAGE – HOUR……Am I Exempt From Overtime Pay?
    • Separation Agreements
      • Separation Agreement FAQ
    • Civil Litigation
      • Personal Injury
    • Civil Rights
      • Police Brutality And Misconduct
  • Testimonials
  • Case Results
  • Blog
  • Contact
  • X Close
Email

 Call

Formisano & Company Attorneys At Law

Passionate About Protecting Employee Rights

The purpose of garden leaves in employment

On Behalf of Formisano & Company | 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.

Benefits

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.

Disadvantages

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.

Categories

  • Civil Rights
  • Disabilities
  • Employment Contracts
  • Employment Law
  • Family And Medical Leave Act (FMLA)
  • Firm News
  • Protected Class Employees
  • Severance Agreements
  • Sexual Harassment
  • Wage and Hour Violations
  • Whistleblower Cases
  • Workplace Discrimination
  • Workplace Harassment
  • Workplace Retaliation

Archives

Recent Posts

  • Reviewing a Rhode Island severance agreement before signing
  • The hidden signs of a hostile work environment
  • Rhode Island final paycheck laws employees should know
  • Asserting rights as an employee during a reduction in force
  • How long can FMLA leave last?

Subscribe To This Blog’s Feed

Contact our qualified legal team, located in Cranston, Rhode Island, to schedule an initial consultation today. We offer practical legal advice and quality counsel.

Formisano & Company Attorneys At Law

Address:

100 Midway Place, Suite 1
Cranston, RI 02920

Phone:

401-400-4402

Cranston Office Location

Get an Experienced Legal Team
On Your Side

Review the Firm
  • Follow
  • Follow

* AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.

© 2026 Formisano & Company • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw