Gardening leave: What is gardening leave?

When handing in your notice, your employee can you on so-called gardening leave. talks you through the ins and outs of gardening leave.

What is gardening leave?

Gardening leave is usually when an employee is leaving a job and is instructed to either:

  • not to come into work during their notice period
  • work at home during their notice period

Sometimes employees on gardening leave don’t have to work at all.

This is common, since working from home means you are restricted from using company property and aren’t allowed to contact anyone at work throughout the period.

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When are you put on gardening leave?

Does gardening leave sound appealing to you? Here’s the only time you might be put on it.

The Slater Gordon Lawyers site explains: “You might be put onto gardening leave either when your employer gives you notice of termination of employment or when you hand in your resignation.

“Your employment contract will govern when your employer is allowed to put you on garden leave so it is important to check the terms.

“Ideally, your employer should only be permitted to put you on garden leave for the duration of your notice period and in no other circumstances.“

Why is it called gardening leave?

The name gardening leave actually does come from somewhere.

It is known as gardening leave or garden leave because employees are allowed to tend to their gardens instead of working.

Since employees on gardening leave aren’t required to work or aren’t allowed to work, they will often find themselves filling time with hobbies.
This could include gardening or other outdoor activities.

Slater Gordon Lawyers explained: “Hobbies, such as gardening or golf, are often what people placed on gardening leave find themselves doing as they are not permitted to do anything that constitutes work and commitment to the terms of an employment contract might prevent them from going on holiday.

“Even if you are on gardening leave you could still be called in to work.”

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Do you get paid on gardening leave?

You will get the same pay and contractual benefits while on gardening leave.

Employees on gardening leave may not, however, be entitled to either accrue or be paid a bonus.

However, this depends on the wording of their employment contract.

The employee may also be required to take their accrued holiday during the garden leave period.

What can you do on gardening leave

Slater Gordon Lawyers explained on their website: “If you are put out on gardening leave you must still observe the terms of your contract. You must maintain confidentiality and good faith.

“You will not usually be able to start work for yourself or anyone else.

“You should be aware that if your employer requests it, you could be required to provide them with information, support or even return to work during your gardening leave period.

“So don’t go booking any holidays abroad during your garden leave without your employer’s agreement.”

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