Garden leave

Garden leave (sometimes called gardening leave) is a term you might come across when an employee is leaving a company. It can sound a bit strange at first, what does gardening have to do with work?

But it actually has an important place in HR and employment contracts, especially in high-level or sensitive roles.

In this guide, we’ll break down everything you need to know about garden leave, including how it works, how long it lasts, and what HR teams need to include in a solid garden leave policy plus how it applies in the UAE.

What is Garden Leave?

Garden leave refers to the period after an employee resigns or is terminated, but before their official notice period ends, during which they are still on the payroll but not required to work.

During this garden leave period, the employee remains employed, continues to receive their salary (garden leave pay), and may still receive benefits but they’re not allowed to come to work, access internal systems, or start a new job elsewhere.

It’s called "garden leave" because, in theory, the employee could be at home gardening during this time.

How Does Garden Leave Work?

Garden leave is usually used when a company wants to protect sensitive information, clients, or intellectual property.

For example, if someone in a senior position resigns to join a competitor, the company might place them on paid garden leave to keep them away from key projects or contacts.

While on garden leave, the employee:

• Can’t work for another employer
• Still receives full pay and benefits
• May be required to be available for consultation
• Is still technically an employee until the garden leave notice period ends

This is often outlined in the garden leave agreement signed as part of the employment contract.

How Long Does Garden Leave Last?

There’s no fixed duration, it depends on what’s agreed in the employment contract. Typically, the garden leave period matches the employee’s notice period, which could be anywhere from a few weeks to a few months.

In some senior roles, it might even extend to 6 months or longer, depending on the industry and country-specific labour laws.

Benefits of Garden Leave

For the employer:

• Protects sensitive business information
• Prevents poaching of clients or employees
• Allows for a smoother transition

For the employee:

• Time to rest and plan the next move
• Still gets paid without having to work
• Avoids awkwardness or tension after resignation

Disadvantages of Garden Leave

The company is paying someone who isn’t actively contributing

The employee might feel restricted or unproductive

Can create HR and legal complications if not handled properly

Garden Leave Policy: What It Should Include

A clear garden leave policy helps avoid confusion and protects both parties. It should outline:

• When and how garden leave can be triggered
• The length of the garden leave notice period
• What pay and benefits are included
• Restrictions on working elsewhere
• Duties during the leave (e.g. confidentiality or availability for questions)

Example of a Garden Leave Clause

"Upon termination of employment, the company may at its discretion place the employee on garden leave for part or all of the notice period. During this time, the employee will remain on full salary and benefits, must not commence employment elsewhere, and may be asked to assist with handover or remain available for consultation."

Garden Leave in the UAE

In the UAE, garden leave is not explicitly mentioned in the UAE Labour Law, but it is legally acceptable if agreed upon in the employment contract.

For companies with sensitive information or client-facing roles, garden leave agreements are becoming more common, especially among multinationals or firms in sectors like tech, banking, and consultancy.

Employers must still provide full salary and benefits during this time, and the total duration should be reasonable.

If abused, it could lead to labour disputes, so it’s best to document everything clearly.

Conclusion

Whether you’re an employer trying to protect business interests or an employee preparing to leave your role, understanding garden leave is essential. It’s not a punishment, it’s a strategic tool for smooth transitions and legal protection.

If you're an HR professional, ensure your garden leave policy is clear, fair and in line with your local labour laws especially in regions like the UAE where employment regulations are evolving.

Frequently Asked Questions

What is garden leave and why might I get it?

Garden leave is when you're paid during your notice period but asked not to come to work. It’s often used to protect company interests when someone resigns or is let go.

Is it garden leave or gardening leave?

Both are used, but "garden leave" is the more common and correct term.

Is garden leave a bad thing?

Not at all. You still get paid and have time to plan your next steps, it just means you can’t start your next job yet.

How long is garden leave?

It depends on your contract but usually matches your notice period often 1 to 3 months.

What’s the difference between garden leave and a notice period?

A notice period is the time after resignation before your job officially ends. Garden leave is a type of notice period where you're not required to work but still get paid.