Whether a garden leave provision is enforceable will depend on whether it is reasonable. It also should not be longer than the notice period. During your garden leave period, you are still entitled to be paid your full salary, as well as have the benefit of all your employment entitlements (including bonuses). If your employer refuses to do so, then you may have rights to claim for outstanding wages and possibly terminate your employment earlier without serving out your notice period or garden leave. If you are concerned about being forced to take garden leave, you may also consider making a payment in lieu of notice to your employer – which would immediately end your garden leave period.
