Garden leave (also known as gardening leave) is the practice whereby an employee leaving a job – having resigned or otherwise had their employment terminated – is instructed to stay away from work during the notice period, while still remaining on the payroll.

Details

Employees continue to receive their normal pay during garden leave and must adhere to their conditions of employment, such as

confidentiality Confidentiality involves a set of rules or a promise sometimes executed through confidentiality agreements that limits the access to or places restrictions on the distribution of certain types of information. Legal confidentiality By law, la ...

and

non-compete clause In contract law, a non-compete clause (often NCC), restrictive covenant, or covenant not to compete (CNC), is a clause under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition again ...

, at least until their notice period expires.This is at least the position in the UK. An employer's main benefit from a garden leave is the ability to protect their businesses. A similar practice applies in the United States where an employee (typically a high-ranking executive) that is immediately relieved of responsibilities usually remains with the company as a consultant (special adviser) for the remainder of their contract, continuing to receive a salary and office during that period. This practice is often used to prevent an employee from taking with them up-to-date (and perhaps sensitive) information when they leave their current employer, especially when they are very likely leaving to join a competitor. In jurisdictions where employee non-compete clauses are legal, the practice is used to maintain the effectiveness of such clauses. This is also sometimes used when an employee position is no longer needed during the notice period. Sometimes, the practice is used to avoid careless work or sabotage by an uninterested or disaffected employee, or when an employer wishes to imply that is the case.

Etymology

The term originated in the British

civil service The civil service is a collective term for a sector of government composed mainly of career civil service personnel hired rather than elected, whose institutional tenure typically survives transitions of political leadership. A civil service offic ...

, where employees had the right to request special leave for exceptional purposes. "Gardening leave" became a euphemism for "suspended" as an employee who was formally suspended pending an investigation into their conduct would often request to be out of the office on special leave instead. The term came to widespread public attention in 1986 when it was used in the

BBC The British Broadcasting Corporation (BBC) is a British public service broadcaster headquartered at Broadcasting House in London, England. Originally established in 1922 as the British Broadcasting Company, it evolved into its current sta ...

sitcom A sitcom (short for situation comedy or situational comedy) is a genre of comedy produced for radio and television, that centers on a recurring cast of character (arts), characters as they navigate humorous situations within a consistent settin ...

'' Yes, Prime Minister'' episode " One of Us" and in ''

Silent Witness ''Silent Witness'' is a British crime drama television series produced by the BBC that focuses on a team of forensic pathology experts and their investigations into various crimes. The series was created by Nigel McCrery, a former murder squa ...

'' season 18, regarding Officer Carl Parry.

Other uses

The term can also refer to the case of an employee sent home pending disciplinary proceeding, when they are between projects, or when, as a result of publicity, their presence at work is considered counterproductive. It has also been used in British football in regard to staff such as the team manager.

References

{{Authority control Leave of absence United Kingdom labour law

Details

Etymology

Other uses

See also

References