Definition · HR operations and employee relations
Notice Period
Definition
Notice period is the time between when an employee or employer announces that employment will end and the last day of employment. In the US, two weeks notice is a custom rather than a legal rule for at-will employees. In many other countries, minimum notice periods are set by law or contract.
Also called: Two weeks notice, Resignation notice period, Termination notice, Period of notice
Notice periods in the US
Most US employment is at will: either side can end it at any time, with or without notice, unless a contract or law says otherwise. Giving two weeks notice when resigning is a strong professional norm, and many employers make eligibility for rehire or payout of accrued PTO conditional on it, but no federal law requires it.
When notice is legally required in the US, it usually comes from:
- Employment contracts for executives and some professionals, which may require 30 to 90 days on either side.
- Collective bargaining agreements.
- The WARN Act and state mini-WARN laws, which require advance notice of plant closings and mass layoffs from the employer.
Some employers ask for longer notice from senior staff, such as four weeks for managers. That is a policy expectation, not something they can force, but they can tie benefits like PTO payout to it where state law allows.
Notice periods outside the US
Many countries set minimum notice by law, and contracts often add more:
- United Kingdom: statutory minimum notice from the employer is one week after one month of service, then one week per full year of service from two years up to a maximum of 12 weeks. Employees must give at least one week. Contracts commonly set one to three months.
- Canada: provincial employment standards set minimums based on length of service, and common-law "reasonable notice" can be much longer.
- India: notice is mainly set by contract and company policy; 30 to 90 days is common in corporate and IT roles, which has a big effect on time to start.
- EU countries: most set statutory minimums that increase with service.
Rules vary by country and change over time; check local law before setting notice terms in contracts.
Pay in lieu of notice and garden leave
An employer does not always want someone to work out their notice. Two options:
- Pay in lieu of notice (PILON): the employer ends employment immediately and pays the notice period. In countries with statutory notice, contracts usually need a PILON clause for this to be clean.
- [Garden leave](/glossary/garden-leave/): the employee stays employed and paid through the notice period but does not work or contact clients. Common in finance and sales to keep people away from competitors and clients while their knowledge goes stale.
In the US, when an employee resigns with two weeks notice, many employers simply accept the resignation effective immediately. Whether they pay the two weeks is a policy choice, but an employer that regularly ends notice early without pay may find employees stop giving notice. Note too that if the employer ends employment early, some states treat it as an involuntary termination for unemployment purposes.
What happens during the notice period
A well-run notice period covers handover, knowledge transfer, the exit interview, return of company property, final pay calculation and benefits information. Our offboarding page covers the full process, and the offboarding checklist lists each step.
Final pay deadlines are set by state law and can be short. California, for example, requires final pay immediately on involuntary termination and within 72 hours if an employee quits without notice, or on the last day if they gave at least 72 hours notice. Other states allow payment on the next regular payday. Get the deadline wrong and penalties can add up daily.
Notice periods and hiring
For recruiters, the candidate's notice period is part of time to start. Two weeks is easy to plan around. Ninety days, common for senior hires in India and some European markets, changes the whole plan, and the long gap gives the current employer time for a counteroffer.
In high-volume hourly hiring, a different problem shows up: candidates accept an offer, give notice, then work out two weeks at a job where they are being asked to stay. Keeping in touch during that period (a welcome message, paperwork done early, a start-date reminder) reduces first-day no-shows. If your training classes start on fixed dates, schedule offers so that two weeks notice still lands people on the class start date.
Common mistakes
- Treating two weeks notice as legally required in the US and threatening to withhold earned pay. Earned wages must be paid regardless.
- Contract notice clauses that do not match local statutory minimums.
- Forgetting that notice under a contract usually applies to the employer too.
- No plan for handover, so knowledge leaves with the person.
Frequently asked questions
Is two weeks notice required by law?
Not in the US for at-will employees. It is a custom and often a company policy condition for things like rehire eligibility or PTO payout where state law allows. Contracts or union agreements can require notice.
What is a resignation notice period?
It is the time between an employee's resignation and their last day of work. In the US it is usually two weeks by custom; elsewhere it is often set by law or the employment contract.
Can an employer make you leave before your notice period ends?
In the US, generally yes, since employment is at will, though some states may then treat the separation as involuntary for unemployment purposes. In countries with contractual or statutory notice, the employer usually has to pay for the notice period.
Do you get paid during your notice period?
Yes, if you work it, at your normal pay. If the employer puts you on garden leave you are also paid. If the employer ends employment early, pay for the remaining notice depends on the contract, local law and company policy.
How long is a typical notice period?
Two weeks in the US. One to three months in the UK and much of Europe for salaried roles. 30 to 90 days in India for many corporate roles. Senior and executive roles usually have longer notice.