{"id":9960,"date":"2022-05-31T14:57:13","date_gmt":"2022-05-31T12:57:13","guid":{"rendered":"https:\/\/allenstein.legal\/garden-leave-10-facts-that-may-surprise-you\/"},"modified":"2026-06-25T16:38:37","modified_gmt":"2026-06-25T14:38:37","slug":"garden-leave-10-facts-that-may-surprise-you","status":"publish","type":"post","link":"https:\/\/allenstein.legal\/en\/garden-leave-10-facts-that-may-surprise-you\/","title":{"rendered":"Garden leave: 10 facts that may surprise you"},"content":{"rendered":"\t\t
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Key points at a glance<\/h2>\n

This article explains what garden leave means from a legal perspective and the different types that exist under employment law\u2014from unpaid to paid leave or educational leave. It shows under which conditions employees can be put on garden leave, which obligations continue to apply during the leave, and how long it may last. It also presents typical real-world cases, legal pitfalls, and concrete steps you can take to protect yourself if you are put on garden leave. <\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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  1. What does garden leave mean legally?<\/strong><\/a><\/li>\n
  2. Types of garden leave<\/strong><\/a><\/li>\n
  3. Who can be put on garden leave\u2014and who cannot?<\/strong><\/a><\/li>\n
  4. Duration of garden leave<\/strong><\/a><\/li>\n
  5. Pay during garden leave<\/strong><\/a><\/li>\n
  6. Obligations during garden leave<\/strong><\/a><\/li>\n
  7. Garden leave & protection against dismissal<\/strong><\/a><\/li>\n
  8. Educational leave\u2014when is it worth it?<\/strong><\/a><\/li>\n
  9. Practical examples from working life<\/strong><\/a><\/li>\n
  10. Legally sound conduct: steps for employees<\/strong><\/a><\/li>\n
  11. Conclusion & next steps<\/strong><\/a><\/li>\n
  12. FAQ<\/strong><\/a><\/li>\n<\/ol>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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    1. What does garden leave mean from a legal perspective?<\/h2>\n

    Garden leave means that the employment relationship continues to exist, but the employee is released from the obligation to work. In practice, this often means that the employee continues to be paid\u2014or not\u2014depending on the type of leave. Legal consequences may include: <\/p>\n

    – Continued payment of remuneration (usually up to the maximum duration provided by law)<\/p>\n

    – End of the obligation to work, possibly with entitlement to continued payment of remuneration<\/p>\n

    – Ongoing obligations (records, confidentiality, return of work equipment)<\/p>\n

    Important<\/strong>: Garden leave is not a unilateral signal of termination, but a temporary measure that does not automatically end the employment relationship. It can have various reasons, such as operationally necessary restructuring, clarification of legal issues, or personal reasons on the part of the employee. <\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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    2. What types of garden leave are there?<\/h2>\n

    There are various forms of garden leave, which differ depending on purpose, duration and pay arrangements:<\/p>\n

    Unpaid garden leave<\/strong>: The employee remains employed but receives no salary. Often temporary, e.g. to clarify legal issues or personal matters. <\/p>\n

    Paid garden leave (continued remuneration)<\/strong>: The employee continues to be paid even though they are not working. Typical in the case of officially ordered measures or operational reasons. <\/p>\n

    Educational or training leave:<\/strong> Leave for further training, seminars or retraining. May include partially paid leave, often with an entitlement to educational leave. <\/p>\n

    Leave due to incapacity for work:<\/strong> If there is a medical or psychological impairment that prevents the employee from working, a doctor may order leave.<\/p>\n

    Garden leave as part of a termination agreement<\/strong>: Often used as a negotiating tool to enable an amicable termination.<\/p>\n

    Practical tip<\/strong>: The specific type of garden leave should always be regulated contractually or by a works agreement to avoid misunderstandings.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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    3. Who can be put on garden leave and who cannot?<\/h2>\n

    In principle, the employer can put employees on garden leave provided there is an objective reason. Typical situations: <\/p>\n

    – Operational reasons (reorganisation, decline in orders, restructuring)<\/p>\n

    – Legal disputes (e.g. clarification of employment-law issues, representation of severely disabled employees, witness statements)<\/p>\n

    – Personal reasons of the employee (e.g. temporary health problems, family reasons)<\/p>\n

    – Preparatory steps for a dismissal or the conclusion of a termination agreement<\/p>\n

    At the same time, employees are protected in the case of sick leave ordered by a doctor: If you are signed off by a doctor, continued payment of wages during illness generally applies up to the statutory maximum period.<\/p>\n

    Important note<\/strong>: Unconditional, unilateral garden leave for the purpose of discrimination or as a means of pressure is unlawful and may result in legal action.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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    4. How long may garden leave last?<\/h2>\n

    The duration of garden leave depends on its purpose:<\/p>\n

    – Short-term operational reasons: typically a few days to weeks.<\/p>\n

    – Educational or training leave: In Germany usually up to three days per year (educational leave), regulated differently depending on the federal state and collective agreement.<\/p>\n

    – Preparatory phases before a dismissal or a termination agreement: often a few weeks.<\/p>\n

    – Long-term garden leave: only with a contractual basis or works agreement; longer unpaid leave often requires an individual solution.<\/p>\n

    Important<\/strong>: Garden leave should be set out with a specific timeframe or be negotiable. Without a clear deadline, uncertainty arises and potentially legal uncertainty as well. <\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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    5. Pay during garden leave: what applies?<\/h2>\n

    Pay depends on the type of garden leave:<\/p>\n

    – Paid garden leave: The employee receives wages or salary even though they are not working. The details should be set out contractually. <\/p>\n

    – Unpaid garden leave: There is no entitlement to remuneration. However, remaining holiday entitlement or overtime can be used up. <\/p>\n

    – Partially paid garden leave: In some cases, part of the wages continues to be paid, often in connection with a reduction in working hours.<\/p>\n

    Tip<\/strong>: Check your employment contract, works agreements or collective agreements. They often supplement internal rules on garden leave that go beyond the statutory minimum. <\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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    6. Which obligations remain in place during garden leave?<\/h2>\n

    Certain obligations continue to apply even during garden leave:<\/p>\n

    – Confidentiality: Continue to protect confidential information.<\/p>\n

    – Return of work equipment: Laptop, keys, ID cards, etc. must be returned.<\/p>\n

    – Duty of confidentiality and non-compete obligations: In some cases, restrictions still apply.<\/p>\n

    – Availability in certain cases: In some garden-leave scenarios, basic availability may be required, especially if orders still need to be processed.<\/p>\n

    – Duties to cooperate in investigations or when giving witness statements in legal disputes.<\/p>\n

    User tip<\/strong>: Clarify in advance which obligations apply specifically in your case to avoid misunderstandings.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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    7. Garden leave and protection against dismissal: what should you bear in mind?<\/h2>\n

    As a rule, garden leave does not automatically affect protection against dismissal. The following points apply: <\/p>\n

    – During garden leave, the employment relationship continues; protection against dismissal may still apply, especially if the leave is due to other legal circumstances such as illness or official measures.<\/p>\n

    – Summary dismissal during ongoing garden leave must be well justified and legally sound.<\/p>\n

    – If garden leave is granted in connection with a termination agreement, this can circumvent protection against dismissal, but it can be reviewed legally.<\/p>\n

    Practical note<\/strong>: Before any longer garden leave with potential implications for termination, both sides should seek legal advice to avoid later challenges.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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    8. Educational leave: when is it particularly worthwhile?<\/h2>\n

    Educational leave serves to acquire additional qualifications. It is particularly relevant when: <\/p>\n

    – The employer grants educational leave and officially releases the employee.<\/p>\n

    – The employee participates in recognised further training measures that serve to improve their job prospects.<\/p>\n

    – Collective agreements or works agreements contain specific provisions.<\/p>\n

    Key points: <\/strong><\/p>\n

    – Educational leave is regulated by law in many German federal states; the entitlement varies depending on the state.<\/p>\n

    – Often there is an entitlement to leave without continued payment of wages; in some cases, however, part of the wages is still paid.<\/p>\n

    – Under certain circumstances, training costs may be covered in full or in part by the employer.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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    9. Garden leave in practice: concrete examples from working life<\/h2>\n

    Examples help make concepts tangible:<\/p>\n

    – Example A: A company is planning a reorganisation. Employee A is put on paid garden leave for two weeks to take part in internal implementation planning, then returns to their department. <\/p>\n

    – Example B: Employee B needs medical treatment. A doctor prescribes leave; continued payment is provided via statutory health insurance and\/or the employer\u2019s statutory sick-pay obligations. <\/p>\n

    – Example C: An employee wants to undertake further training (educational leave). The employer grants one week of leave, costs are partially reimbursed; work is temporarily redistributed. <\/p>\n

    Additional tip<\/strong>: Document every instance of garden leave in writing, ideally via a job description or a garden-leave agreement. This makes it possible to clearly record entitlements and expectations. <\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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    10. How to act in a legally secure way: steps for employees<\/h2>\n

    If you are put on garden leave or are seeking garden leave, keep the following steps in mind:<\/p>\n

    – Check the reason for the garden leave: operational, personal, health-related? What is the legal basis behind it? <\/p>\n

    – Clarify duration and pay: Is the leave paid? How long will it last? <\/p>\n

    – Check the contract: Are there specific agreements on garden leave, educational leave or protection against dismissal?<\/p>\n

    – Seek advice early if you are unsure: A specialist employment lawyer, the works council or a trade union can advise you.<\/p>\n

    – Document everything in writing: Record agreements, deadlines and obligations, ideally in a supplementary agreement.<\/p>\n

    Avoid pitfalls<\/strong>: Without clear agreements, unequal treatment, hidden dismissals or financial disadvantages can arise. Legal certainty comes from transparency and formal arrangements. <\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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    11. Conclusion and next steps<\/h2>\n

    Garden leave is a common but often complex measure in working life. It serves to manage operational processes, enables educational or legal clarifications, and protects both employers and employees in specific situations. <\/p>\n

    The key to handling it safely is clarity: written agreements, contractual or works-agreement provisions, and a legal classification of the garden leave based on the individual case.<\/p>\n

    Now it is up to you: Review your situation, request a clear garden-leave agreement, and clarify the points on duration, pay, obligations and the return of work equipment. If you are unsure, seek legal advice from a specialist employment lawyer, the works council or a trade union. This will help you avoid pitfalls and create transparency for you and your employer. <\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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    12. FAQ<\/h2>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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    \n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/span>\n\t\t\t\t\t\t\t\t\t\t\t\tWhat does garden leave mean?<\/a>\n\t\t\t\t\t<\/div>\n\t\t\t\t\t

    Garden leave means that your employment relationship continues, but you temporarily do not have to work.<\/p>\n<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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    \n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/span>\n\t\t\t\t\t\t\t\t\t\t\t\tWill I continue to receive my salary during garden leave?<\/a>\n\t\t\t\t\t<\/div>\n\t\t\t\t\t

    That depends on the type of garden leave. It can be paid or unpaid. <\/p>\n<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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    \n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/span>\n\t\t\t\t\t\t\t\t\t\t\t\tCan my employer simply put me on garden leave?<\/a>\n\t\t\t\t\t<\/div>\n\t\t\t\t\t

    Yes, but only for an objective reason and in compliance with employment-law requirements.<\/p>\n<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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    \n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/span>\n\t\t\t\t\t\t\t\t\t\t\t\tAm I entitled to educational leave?<\/a>\n\t\t\t\t\t<\/div>\n\t\t\t\t\t

    In many federal states, yes\u2014provided the training is recognised.<\/p>\n<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t\t\t\t