Garden leave, or gardening leave, is a legal term for the practice of paying an employee who is leaving a company not to work during their notice period.
Garden leave allows the employee to be isolated from work while still being paid, and can be used as a way to protect trade secrets or other sensitive information.
Garden leave is most commonly used in the United Kingdom, Australia, and New Zealand, but is also seen in other Commonwealth countries.
The term is derived from the phrase “to send someone out to grass”, meaning to remove them from their position of power or responsibility.
In the United States, garden leave is less common, but may still be used in some cases.
For example, if an employee is terminated for cause, they may be placed on garden
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Benefits of gardening leave
There are a few benefits that garden leave can offer, both to the employer and employee.
For the employer, garden leave can be a way to protect trade secrets or other confidential information.
It can also give the employer time to find a replacement without having to worry about the departing employee’s work responsibilities.
For the employee, garden leave can be a way to transition out of a job while still receiving pay.
It can also be used as a negotiating tool, as it allows the employee to look for new employment while still being employed.
Drawbacks of garden leave
There are some drawbacks to garden leave as well.
For the employer, garden leave can be costly, as they are still paying the salary of an employee who is not working.
It can also be disruptive to the workplace, as it can create a gap in coverage if the departing employee was key to the operation of the business.
For the employee, garden leave can be frustrating, as they are not able to work and may feel isolated from their former colleagues.
It can also make it difficult to find new employment, as potential employers may view garden leave as a negative mark on the employee’s record.
When should gardening leave be used and when should it be avoided?
Garden leave should be used when an employer wants to protect trade secrets or other confidential information.
It can also be used as a way to transition out of a job while still receiving pay.
Garden leave should be avoided when it is disruptive to the workplace or when it makes it difficult for the employee to find new employment.
Garden leave FAQs
Here are some frequently asked questions about garden leave:
What is garden leave?
Garden leave, or gardening leave, is a legal term for the practice of paying an employee who is leaving a company not to work during their notice period.
Garden leave allows the employee to be isolated from work while still being paid, and can be used as a way to protect trade secrets or other sensitive information.
Is garden leave common?
Garden leave is most commonly used in the United Kingdom, Australia, and New Zealand, but is also seen in other Commonwealth countries.
What are the benefits of garden leave?
There are a few benefits that garden leave can offer, both to the employer and employee.
For the employer, garden leave can be a way to protect trade secrets or other confidential information.
Why do they call it gardening leave?
The idea is that an employee is able to enjoy hobbies away from their work without worrying about work, such as gardening.
Can you start a new job while on gardening leave?
Usually not, garden leave is meant as a way for an employee to transition out of their old job while still being paid.
As such, starting a new job would usually be in breach of the garden leave agreement.
Can I be fired while on garden leave?
It depends on the garden leave agreement.
In some cases, an employer may be able to terminate the garden leave agreement if the employee breaches it.
However, in other cases, garden leave may be considered a form of job protection, and the employee may only be fired for cause.
Conclusion – Garden Leave
Garden leave is a legal term for the practice of paying an employee who is leaving a company not to work during their notice period.
Garden leave allows the employee to be isolated from work while still being paid, and can be used as a way to protect trade secrets or other sensitive information.
The benefits of garden leave include protecting trade secrets, transitioning out of a job, and receiving pay while on leave.
However, garden leave can also be disruptive to the workplace and make it difficult for the employee to find new employment.
When deciding whether or not to use garden leave, employers should consider the potential benefits and drawbacks.
