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. 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 lackadaisical work or sabotage by an uninterested or disaffected employee, or when an employer wishes to imply that is the case.
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 counter-productive. It has also been used in British football.
Employees continue to receive their normal pay during garden leave and must adhere to their
conditions of employment
Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, ...
, such as
confidentiality 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 agains ...
, at least until their notice period expires.
[This is at least the position in the UK. ] 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.
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 servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...
, 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 sitcom ''
Yes, Prime Minister
''Yes Minister'' is a British political satire sitcom written by Antony Jay and Jonathan Lynn. Comprising three seven-episode series, it was first transmitted on BBC2 from 1980 to 1984. A sequel, ''Yes, Prime Minister'', ran for 16 episodes fro ...
'' episode "
One of Us
1 (one, unit, unity) is a number representing a single or the only entity. 1 is also a numerical digit and represents a single unit (measurement), unit of counting or measurement. For example, a line segment of ''unit length'' is a line segment ...
" and in
Silent Witness
''Silent Witness'' is a British crime drama television series produced by the BBC, which focuses on a team of forensic pathology experts and their investigations into various crimes. First broadcast in 1996, the series was created by Nigel McC ...
season 18, regarding Officer Carl Parry.
See also
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Employment contract
An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain.
The contract is between an "employee" and an "employer". It has arisen out of the old ...
*
Administrative leave
References
{{Authority control
Leave of absence
United Kingdom labour law