Garden Leave: What It Means and How the Clause Works (2026)

What does garden leave mean? Garden leave (also called gardening leave) is when an employer tells an employee who is serving notice to stay away from work during that notice, while keeping them on full pay and still employed. The name is literal: the person is paid to stay home and tend the garden rather than come into the office. The employee remains on the payroll for the whole period. They keep their salary, usually keep their benefits, and still owe the ordinary duties of an employee, including confidentiality and loyalty. In return they are told not to attend the workplace, not to contact clients, customers or colleagues, and often not to access company systems. This article is general guidance, not legal advice. Garden leave is a contractual matter and employment law varies by jurisdiction, so have a qualified professional review your contract before you rely on it. ## Why do employers use garden leave? Employers use garden leave to protect the business during the gap between someone resigning and actually leaving. A departing employee who stays in the building has live access to confidential information, clients and colleagues. Garden leave removes that access while the notice period runs, without the business losing the right to the employee's time. The common reasons are: - Protecting confidential information and trade secrets so the employee does not take fresh, sensitive knowledge straight to a competitor.

• Protecting client and customer relationships by keeping the departing person away from accounts during their final weeks.
• Keeping the employee out of the market for the length of the notice, because they cannot start a new job while still employed by you.
• Managing a sensitive handover where having the person in the building would be disruptive. ## How is garden leave different from a notice period? A notice period is simply the time between notice being given and employment ending. Garden leave is a particular way of spending that notice period. During an ordinary notice period the employee keeps working as normal. During garden leave they serve the same notice, on the same pay, but away from the workplace and usually with duties and access suspended. | Feature | Ordinary notice period | Garden leave | |---|---|---| | Still employed? | Yes | Yes | | Paid? | Yes | Yes, usually full pay and benefits | | Attends work? | Yes | No | | Access to clients and systems? | Yes | Usually suspended | | Can start a new job? | No | No | Garden leave is also different from suspension. Suspension is usually linked to a disciplinary investigation and carries a different meaning. Garden leave is a neutral tool used on exit, not a sign of wrongdoing. ## When can an employer enforce garden leave? The key point is that garden leave is a contractual power. In most common-law jurisdictions, an employer can place someone on garden leave only if the contract gives it the right to do so, usually through an express garden leave clause. Without that clause, sending an employee home against their wishes and removing their duties can itself be a breach of contract, because some employees have a right to actually do their work, not just be paid. Even with a clause, courts will look at whether the employer has a legitimate business interest to protect, such as confidential information or client relationships, and whether the length of the garden leave is reasonable. A clause that tries to keep someone idle for far longer than needed to protect the business may not be fully enforced. Last verified October 2026: in the UK, garden leave is a creature of contract and case law rather than statute, and courts have upheld clauses backed by a genuine business interest. The position differs elsewhere, so the clause should be read against local law. ## A sample garden leave clause ``` GARDEN LEAVE During any notice period (whether notice is given by the Company or the Employee), the Company may, at its discretion, require the Employee to: (a) not attend the Employee's place of work; (b) not carry out some or all of their duties; (c) not contact or deal with any client, customer, supplier, or employee of the Company except as the Company directs; (d) not access the Company's systems, premises, or confidential information except as the Company permits; and (e) return Company property on request. During garden leave the Employee remains employed, continues to receive their salary and contractual benefits, and remains bound by all duties under this contract, including confidentiality and the duty of good faith. The Company may require the Employee to take any accrued, untaken holiday during the garden leave period.