Garden leave: what it means and why employers use it

Garden leave is a period during your notice period where you remain employed and paid but are not required — or allowed — to come to work. You are effectively sent home to tend your garden while your notice period runs out.

Why employers use it

Garden leave prevents departing employees from accessing sensitive information, clients, or colleagues during their notice period. It is commonly used for senior employees, salespeople with client relationships, and anyone with access to trade secrets. The employer gets the benefit of keeping you away from competitors while your non-compete or notice period runs.

Your rights during garden leave

You remain a full employee during garden leave. You continue to receive your salary, benefits, and pension contributions. You accrue holiday. Your employment contract remains in force — including confidentiality obligations and restrictive covenants. You cannot start a new job until the garden leave period ends.

What to check in your contract

Does the contract explicitly grant the employer the right to place you on garden leave? Without a contractual right, the employer may need your consent. How long can garden leave last? Is it the full notice period or a shorter period? Are you required to remain available to answer questions or hand over work? Can the employer recall you to active duty during garden leave?

Negotiating garden leave

If your employer insists on a long notice period primarily for garden leave purposes, negotiate for the notice period to count towards any non-compete restriction. This effectively reduces the total time you are restricted from working in your field.