Garden Leave
Garden leave is a period during an employee's notice period when the employer instructs them not to attend work while their contract (including salary and benefits) continues to run. It is used to protect confidential information and client relationships. During garden leave the employee remains bound by their duties of fidelity and any post-termination restrictions may begin to run concurrently.
Garden leave must be expressly permitted by the employment contract; an employer cannot place an employee on garden leave without contractual authority to do so. During garden leave, the employee continues to receive their full salary and contractual benefits and must be available to return to work if requested. Any post-termination restrictive covenants (such as non-compete or non-solicitation clauses) typically run concurrently with the garden leave period, effectively reducing their practical impact. Courts have the power to grant injunctions to enforce garden leave where the employer has a legitimate business interest to protect. The duration of enforceable garden leave is limited — very long periods (over six months) may be challenged as a restraint of trade.