Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
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Balancing work with further education is increasingly common across Australian workplaces. Team members might be finishing a degree, attending a professional workshop, or sitting an industry exam - and they’ll often ask whether they can take study leave to make it happen.
If you’re an employer, you’re probably fielding questions like: “Am I entitled to study leave?”, “Is there any Fair Work requirement?”, and “What should our policy say?”.
In this guide, we break down study leave entitlement in Australia - what’s required by law, what’s optional but common, and how to manage requests fairly and consistently. We’ll also cover key compliance issues (including awards, apprentices/trainees and time off in lieu) so you can support learning without creating legal risk.
What Is Study Leave And Is It A Legal Right?
Study leave is time away from work to attend classes, prepare for exams or complete activities required for an approved course or qualification. It can be paid or unpaid, and the amount offered (if any) depends on what applies in your workplace.
Crucially, study leave is not one of the National Employment Standards (NES). There is no universal, minimum entitlement to study leave under the Fair Work Act 2009 (Cth). This means most private sector employees do not have an automatic legal right to study leave unless an industrial instrument or contract provides it.
However, study leave can arise from other sources:
- Modern Awards: Most awards do not include a blanket entitlement to study leave. That said, awards that cover apprentices and trainees often require paid release to attend Registered Training Organisation (RTO) or TAFE training. Always check the relevant Modern Awards for your roles.
- Enterprise Agreements: Many enterprise agreements include specific provisions for study leave (paid or unpaid), exam leave, or training time. If your workplace has a registered enterprise agreement, follow it.
- Employment Contracts or Policies: Some employers offer study leave as a benefit to support development and retention. If it’s written into an Employment Contract or a policy, you must honour it.
- Public Sector Policies: Federal and state public sector employers often have clear study leave frameworks supporting further qualifications relevant to the role.
For a deeper overview you can also see our plain-English guide to study leave in Australia.
How Does Study Leave Work Across Awards, Agreements And States?
The rules don’t usually change by state for private sector employers - there’s no state-based legislation that generally mandates study leave. However, there are two important nuances to keep in mind.
1) Apprentices And Trainees (All States)
If you engage apprentices or trainees, expect obligations to release them for training that is part of their qualification. This requirement is commonly embedded in awards, training contracts and state training legislation, and is often with pay. Check your award and training documentation - and ensure your Apprenticeship Agreement and rostering practices line up with those requirements.
2) NSW And Other Public Sector Settings
State and federal government roles typically have established policies for paid and/or unpaid study leave where courses are relevant to the role. In the private sector in NSW (and other states), there’s no general legal requirement to provide study leave unless an award, enterprise agreement, contract or policy provides it.
In short, most private employers can choose whether to offer study leave. If you do, make sure the benefit and process are clear and consistent with any industrial instrument that applies.
Handling Study Leave Requests: A Practical Process
If you don’t already have a policy, responding to ad hoc requests can feel tricky. A simple, consistent workflow keeps things fair and compliant.
Step 1: Identify What Applies
Confirm whether a Modern Award, enterprise agreement, contract or policy governs the employee’s request. If an instrument provides for study leave (or training time), follow the stated rules. If nothing applies, you’re in a discretionary space - you can approve or refuse, but aim for consistency and reasonableness.
Step 2: Weigh Operational Needs
Consider timing, staffing levels, peak periods and the nature of the request (e.g. a single exam day vs a recurring class schedule). Where possible, explore alternatives such as different days, reduced hours, or splitting leave over multiple dates to spread impact.
Step 3: Ask For Reasonable Evidence
It’s appropriate to require reasonable notice and supporting documents such as enrolment confirmations or exam timetables. Set a standard notice period (for example, 2–4 weeks for exams; longer for recurring classes) so expectations are clear.
Step 4: Decide Paid, Unpaid Or Flexibility
If there’s no binding entitlement, you can choose to grant paid study leave (as a benefit), unpaid leave by mutual agreement, or consider flexible options such as a temporary roster adjustment. If time off in lieu (TOIL) is proposed, ensure it complies with the relevant award or agreement (more on TOIL below).
Step 5: Confirm In Writing
Issue a short written confirmation stating dates, hours approved, whether the time is paid or unpaid, and any conditions (for example, a post-exam return time). Clear documentation avoids confusion later.
Step 6: Record Leave Accurately
Record study leave under an accurate category in your HR/Payroll system. Do not code it as personal/carer’s leave - that entitlement is reserved for illness or caring responsibilities. If your system doesn’t have a dedicated category, use a neutral option like “unpaid leave” or create a custom “study leave” type so reporting stays accurate.
What Should A Study Leave Policy Cover?
A well-drafted policy makes decisions simpler and reduces the risk of inconsistent treatment. Include:
- Eligibility: Who can apply (e.g. all employees; minimum service period; only roles linked to certain qualifications).
- Approved Study: Define what counts (e.g. accredited courses, qualifications relevant to current or future roles).
- Paid/Unpaid And Amount: Specify whether study leave is paid or unpaid, any caps per year, and whether the entitlement covers exam days, classes, study days or all.
- Notice And Evidence: Standardise how to apply, minimum notice and what documents are needed (enrolment, exam timetable).
- Interaction With Other Leave: Clarify whether employees may use annual leave if they choose, and when unpaid leave may be approved.
- TOIL (If Offered): Explain when TOIL may be used and confirm it must comply with any applicable award or agreement.
- Consistency With Other Policies: Cross-reference your learning and development, professional development and Workplace Policies. Housing the policy within a Staff Handbook is common.
If study leave is a feature of your employment offering, consider adding a short clause to your Employment Contract that points to your policy and sets expectations around eligibility and process.
Study Leave, Training And Time Off In Lieu: Getting Compliance Right
Supporting learning is great for engagement - but it’s important to apply the right legal settings around training time, TOIL and leave recording.
Paid Training Vs Study Leave
Where training is mandatory for a role, or directed by the employer, the time will generally be paid working time. This sits separately to discretionary “study leave” for an employee’s chosen qualification. Review your obligations around training time and wage payments, and consider your obligations when employees attend courses during normal hours. Useful overviews include whether employers must pay for training and your broader legal requirements for training employees.
TOIL (Time Off In Lieu) Isn’t A Free-For-All
TOIL can be a helpful tool where the instrument allows it, but it must strictly follow the rules in the relevant award or enterprise agreement. Common requirements include a written agreement each time, recording actual overtime worked, and ensuring the time off reflects what would otherwise have been payable (including overtime rates, if required by the instrument). Our guide to time in lieu explains how to use TOIL lawfully.
Important: Don’t “trade” study leave for TOIL in a way that undermines award entitlements. If extra hours are worked at overtime rates, manage them under the award’s overtime/TOIL rules - not a standalone study leave deal.
Apprentices And Trainees: Pay For Training Release
Most awards and training contracts require paid release for off-the-job training that is part of the qualification. Confirm the specifics in the applicable award and contract. Where training involves travel or is outside ordinary hours, additional allowances or penalties may apply under that instrument.
How To Record Leave Properly
Use a distinct leave category (e.g. “Study Leave – Paid” or “Study Leave – Unpaid”) to maintain transparent records. Avoid labelling study time as personal/carer’s leave, which is reserved for illness, injury or caring responsibilities. If no dedicated category exists, record it as “unpaid leave” rather than misclassifying it.
Interaction With Annual Leave And Unpaid Leave
Where there’s no study leave entitlement, employees may request annual leave for study or exam days. You can also approve unpaid leave by agreement. If you expect to offer unpaid study leave from time to time, it helps to spell out how you’ll consider requests - or use a general approach consistent with your Leave Without Pay rules.
Consistency And Anti-Discrimination
When requests are discretionary, treat similar cases similarly. Document your reasoning where you refuse a request (for example, peak operational periods or insufficient notice). Consistency, coupled with a clear policy and process, helps reduce the risk of disputes or perceived unfairness.
Tie Your Documents Together
A practical approach is to keep a simple written approval template, a clear policy embedded in your Staff Handbook, and reference to the policy in the Employment Contract. If you’re unsure whether your documents align with awards or enterprise agreements, consider a quick Legal Health Check to spot gaps.
Key Takeaways
- There is no NES entitlement to study leave in Australia; most private sector employees only have study leave if a Modern Award, enterprise agreement, contract or policy provides it.
- Apprentices and trainees are different - awards/training contracts usually require paid release for off-the-job training, so check those obligations first.
- If you offer study leave, set out eligibility, notice/evidence, whether it’s paid or unpaid, and how it interacts with annual leave, unpaid leave and TOIL.
- Don’t misclassify study time as personal/carer’s leave; record it under a dedicated category or as unpaid leave if appropriate, and keep payroll records accurate.
- TOIL must comply with the applicable award or agreement (written agreement, correct accrual, and timing); don’t use TOIL to sidestep overtime rules.
- Clear policies, consistent decisions and aligned contracts make study leave simpler to manage and support staff development without breaching workplace laws.
If you’d like a consultation on designing a fair and compliant study leave framework for your workplace in Australia, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
