This clause says that if the company puts you on "garden leave" (paying you to stay home and not work during your notice period), that time counts toward your restricted period. For example, if you're restricted for 12 months and put on 3 months of garden leave, you only have to wait 9 more months after you actually leave. This matters because garden leave is a real benefit—you're paid without working—so it's fair that it reduces the restriction time. However, the company must actually pay you during garden leave for this to work.
This clause is usually fair, but check the details: make sure garden leave is actually paid at your full salary, and confirm exactly how much it reduces your restriction period. If the company wants to use garden leave to offset your restriction, negotiate for a higher garden leave payment or a longer offset period—for instance, 1 month of garden leave could count as 1.5 months toward your restriction.
Frequently Asked Questions
What does this clause mean in simple terms?
This clause says that if the company puts you on "garden leave" (paying you to stay home and not work during your notice period), that time counts toward your restricted period.
Why should I care about this clause?
For example, if you're restricted for 12 months and put on 3 months of garden leave, you only have to wait 9 more months after you actually leave.
What are my options?
This matters because garden leave is a real benefit—you're paid without working—so it's fair that it reduces the restriction time.
How does this affect small businesses?
However, the company must actually pay you during garden leave for this to work.