Garden Leave Policy

Garden Leave Policy

Company Name: [Company Name]
Effective Date: [Effective Date]
Policy Owner: [Policy Owner]
Approved By: [Approved By]
Maximum Garden Leave Duration: [Maximum Garden Leave Duration]

PURPOSE & SCOPE
- This policy establishes the Organization's framework for placing departing employees on garden leave during their notice period, ensuring the protection of confidential information, client relationships, and business interests while honouring the employee's contractual rights.
- This policy applies to all employees whose employment agreements contain a garden leave clause, or where the Organization determines that garden leave is necessary to protect legitimate business interests upon the employee's departure.
- The decision to place an employee on garden leave shall require the joint approval of the employee's Division Head, the Head of Human Resources, and Legal Counsel, and shall be documented in writing.

TERMS & CONDITIONS DURING GARDEN LEAVE
- During garden leave, the employee shall continue to receive their full base salary, contractual benefits, and any accrued entitlements. The employee remains employed by the Organization and is bound by all existing contractual obligations.
- The employee on garden leave shall not attend the workplace, access Organization systems or premises, or contact clients, suppliers, or colleagues for business purposes unless expressly authorised in writing by the HR department.
- The Organization may, at its discretion, require the employee to utilize a portion of their accrued annual leave during the garden leave period. Any such direction shall be communicated in the garden leave notification letter.

NOTIFICATION & HANDOVER
- The Organization shall provide the employee with a formal garden leave notification letter that specifies the start date, duration, terms and restrictions, and the employee's obligations during the garden leave period.
- Before the commencement of garden leave, the employee's manager shall ensure that all critical handover activities, including the transfer of ongoing projects, client relationships, and key documentation, are completed or assigned to a designated successor.
- The Organization shall inform relevant internal stakeholders and, where appropriate, key clients of the employee's transition in a manner that protects the Organization's interests and maintains client confidence.

BREACH & ENFORCEMENT
- Any breach of the garden leave terms by the employee, including unauthorised contact with clients, attendance at the workplace, or commencement of employment with another entity, may result in legal action, including injunctive relief and recovery of damages.
- The Organization shall take reasonable steps to monitor compliance with garden leave terms, including monitoring of the employee's professional activity on public platforms and maintaining communication with clients regarding any unauthorised contact.

CONCLUSION OF GARDEN LEAVE & POLICY REVIEW
- Upon the expiry of the garden leave period, the employee's employment shall terminate on the last day of the notice period. The Organization shall issue all separation documents and process the final settlement within 30 calendar days.
- This policy shall be reviewed at least annually by the policy owner in consultation with Legal Counsel to ensure that garden leave provisions remain enforceable under evolving employment law and aligned with the Organization's business needs.