A garden permit, also known as garden leave, allows an employee leaving an employer to be away from work during the notice period while still receiving compensation. The employee must comply with all employment responsibilities and non-compete clauses during this time.
Sometimes known as a gardening permit, a garden permit is a policy that allows an employee leaving an employer to be away from the workplace during the notice period. While on vacation, the employee continues to stay on payroll and is compensated for the duration of the communication. This term is most commonly used in the UK, although regions of a number of countries with some past or present connection to the British Empire may also have a policy including garden holidays.
The fancy name for this type of separation from an employer comes from the concept of being able to go home and enjoy working in the garden. During this period, the employee is free to pursue any interests he wishes, without fear of losing the benefits specified in the leave agreement. As long as the employee follows the guidelines set by the previous employer, wages or salaries continue for the duration of the communication. In some cases, other benefits like health coverage also remain intact until the leave is officially over, allowing the employee to make the transition a little easier.
Garden leave can occur when an employee chooses to resign. In this case, the amount of notice given in advance may cause the employer to decide that there is no need for the employee to process that notice. Instead, he is allowed to leave the position immediately, even if wages or salaries are still expected for the notice period.
Some employers will also use a work permit as part of the process for terminating an employee. In this scenario, an employee is notified that their position ended on a certain date. The employee is normally authorized to collect his personal belongings and is escorted from the premises. As part of the termination agreement, the employee continues to receive a salary or wages for a period of time defined by company policies and procedures or the termination provisions found in the employment agreement.
While on garden leave, the employee must still comply with all responsibilities arising from active employment, including any non-compete clause found in his or her employment contract. This means that the employee is not free to perform work that competes directly with the products and services offered by the former employer, usually for a specified period of time. Sharing proprietary information with people outside the company is also considered a garden leave violation and could result in loss of wages or other benefits for that time. Additionally, any violation of the terms of the employment contract could result in a lawsuit being brought by the offended party.
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