What is a Garden Leave Agreement?
If you have an employment contract that governs your employment with your employer, that contract may contain something that is known as a garden leave agreement, or a garden leave provision. What is a garden leave provision? According to Thomson Reuters, this is a type of standard clause in many employment contracts that “requires an employee to remain employed while the employer is not obligated to assign work, and restricts the employee from working for competitors.” Garden leave agreements may be included in offer letters or employment contracts, or they can be part of non-compete clauses. Typically, this type of clause is “an alternative to or addition to traditional non-compete provisions or other restrictive covenants,” Thomson Reuters explains.
How do garden leave provisions work in South Florida employment relationships? And how does Florida’s new CHOICE Act impact garden leave agreements? Our Palm Beach Gardens contract law attorneys can explain in more detail.
Restrictive Covenants Under Florida Law
In an employment agreement in South Florida, any restrictive covenants to which a new employee agrees are generally governed by Section 542.335 of the Florida Statutes. In general, Florida law on restrictive covenants (including non-compete agreements and garden leave provisions) tend to be friendlier to employers than to employees. As such, it is critical to work with a lawyer before you sign any employment contract or reach any agreement with an employer.
After the passage of a recent new law, Florida law on restrictive covenants has become even friendlier to employers. That law, the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act, will also impact garden leave provisions.
CHOICE Act and Garden Leave Provisions
Garden leave provisions essentially prevent employees from finding new jobs for a certain period of time — their employer is not giving them meaningful work, but they cannot work for a competitor, either.
The CHOICE Act adds to existing law in Florida concerning non-compete agreements and other restrictive covenants. The additions expand garden leave protections for employers, and the new law permits employers to include garden leave provisions in employment agreements that can last for up to four years. What this means is that, in effect, an employee can be stuck in an employment relationship for up to four years of time in which they actually want to leave and to find another job. Florida law says that these agreements are enforceable as long as the employee was provided notice in writing of their right to seek legal advice before agreeing to the garden leave provision, along with other more specific requirements.
Contact a Palm Beach Gardens Employment and Non-Compete Agreement Lawyer for Assistance
Do you have questions or concerns about a garden leave agreement or provision in your existing employment contract? Or do you have questions or concerns about how the CHOICE Act will impact garden leave provisions moving forward? You should seek advice from one of the experienced Palm Beach Gardens employment law and non-compete agreement lawyers at Sconzo Law Office. We know that non-compete agreements and other restrictive provisions in employment contracts can be stressful and confusing for job applicants and employees, and our firm is here to assist you. Contact us today for more information.
Sources:
content.next.westlaw.com/practical-law/document/If060eb95403011e798dc8b09b4f043e0/Garden-Leave-Provision?viewType=FullText&transitionType=Default&contextData=(sc.Default)
flsenate.gov/Committees/billsummaries/2025/html/3554
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0542/Sections/0542.335.html