Study Leave in Australia: What Employers Typically Offer

Study leave is not a minimum entitlement under Australia’s National Employment Standards (NES) or the Fair Work Act 2009. There is no statutory right to paid time off for education or professional development in Australia — unlike annual leave, sick leave, or parental leave, which are all guaranteed by law. Study leave in Australia comes from modern awards, enterprise agreements, employer policies, or individual negotiation.

If you are an employer building a study leave policy, or an employee trying to understand what you are entitled to, here is how study leave works across Australia.

This article is general information, not legal advice. Check your modern award, enterprise agreement, or employment contract for your specific entitlements.

Key Takeaways

• Study leave is not a minimum entitlement under the Fair Work Act 2009 or the NES (Fair Work Ombudsman: Leave).
• Some modern awards include study leave provisions — for example, the Educational Services (Teachers) Award and the Nursing Award — but coverage varies by industry.
• Where training is required for health and safety or professional registration, employers are generally required to treat it as paid work time (Health and Safety at Work Act 2011).
• Typical Australian employer study leave policies offer 5 to 10 paid study days per year and a training budget of $1,000 to $5,000 AUD.
• Employees may use annual leave or personal/carer’s leave for study-related absences if no dedicated study leave policy exists.

What Does the Law Say About Study Leave in Australia?

The Fair Work Act 2009 sets out the National Employment Standards — the minimum leave entitlements for all employees in the national workplace relations system. Study leave is not among them.

The NES guarantees:

• 4 weeks’ paid annual leave per year
• 10 days’ paid personal/carer’s leave per year
• 2 days’ unpaid carer’s leave per occasion
• 2 days’ compassionate leave per occasion
• 10 days’ paid family and domestic violence leave per year
• Community service leave (jury duty — paid for the first 10 days)
• Long service leave (set by state and territory laws)

Study, training, or professional development leave does not appear in this list. However, that does not mean Australian employees have no route to study leave — it just means the entitlement comes from other sources.

Modern Awards That Include Study Leave

Some modern awards include specific study leave provisions. The coverage depends on the industry and the specific award. Examples include:

• Educational Services (Teachers) Award — includes provisions for professional development and study leave for teachers in private schools and training organisations.
• Nursing Award and Nurses Award — some nursing awards include study leave for continuing professional development, particularly for nurses needing to maintain registration.
• Professional Employees Award — may include study leave provisions for certain professional classifications.

If you are covered by a modern award, check whether it includes a study leave clause. If it does, that entitlement is binding on the employer. If it does not, study leave is a matter of employer discretion or enterprise agreement.

Enterprise Agreements

Enterprise agreements negotiated between employers and employees (or unions) can include study leave provisions that exceed the NES minimums. Many Australian employers in education, healthcare, and professional services include study leave in their enterprise agreements — typically 5 to 10 paid days per year with a training budget.

Health and Safety Training

Under the Work Health and Safety Act 2011 (and equivalent state legislation), employers have a duty to ensure workers are trained to do their jobs safely. Where training is required for health and safety compliance — such as mandatory induction, safety equipment training, or first aid certification — the time spent training is generally treated as work time and must be paid at the employee’s ordinary rate.

This is not “study leave” in the traditional sense, but it is a common source of confusion for employers who are unsure whether mandatory training counts as leave or work time. The answer: if the training is required by law or by the employer to perform the role safely, it is work time.

What Australian Employers Typically Offer

Since study leave is not mandated, what employers offer varies widely. Here is what is typical across different sectors:

Sector	Typical Paid Study Days	Training Budget	Notes
Education (private schools)	5–10 days/year	$1,000–$3,000 AUD	Often in enterprise agreement
Healthcare (private)	5–10 days/year	$1,500–$5,000 AUD	May include conference attendance
Professional services	3–5 days/year	$2,000–$5,000 AUD	Tied to CPD requirements
Construction and trades	2–5 days/year	$500–$2,000 AUD	Mandatory safety training treated as work time
Retail and hospitality	0–3 days/year	$0–$1,000 AUD	Rarely formalised

The most common structure is a combination of paid study leave days and a training budget. Some employers also offer:

• Flexible scheduling — allowing employees to attend classes during work hours or adjust their schedule around exam dates.
• Reimbursement schemes — the employee pays upfront and the employer reimburses course fees upon successful completion.
• Study assistance agreements — a formal agreement where the employer funds a qualification and the employee commits to remaining with the company for a set period (typically 12 to 24 months) or repaying a portion of the costs.

How to Set Up a Study Leave Policy

If you are an employer looking to introduce study leave, here is a practical framework:

1. Decide How Many Days to Offer

Start with 5 paid study days per year for most employees. You can offer more for roles that require ongoing professional development — for example, 10 days for healthcare workers maintaining registration, or 5 days plus a $3,000 budget for professional services staff pursuing certifications.

2. Define Eligible Study

Write a clear definition. Example: “Study leave is available for formal education, professional development courses, or exam preparation that is relevant to the employee’s current role or career path within the company.” Include examples of what does and does not qualify.

3. Set Notice and Approval Requirements

Require employees to request study leave at least two to four weeks in advance. Managers approve subject to coverage needs, just like any other leave request.

4. Consider a Repayment Clause

If you are funding a significant qualification — particularly a university degree or professional certification — consider including a study assistance agreement with a repayment clause. This protects your investment if the employee leaves shortly after completing the qualification. The clause should be reasonable and time-limited (for example, a sliding scale repayment over 12 to 24 months).

5. Track and Report

Record study leave separately from annual leave and personal/carer’s leave. This gives you data on training investment per employee and helps with workforce planning.

Using Annual Leave or Personal/Carer’s Leave for Study

If your employer does not offer dedicated study leave, you may be able to use other leave types:

• Annual leave — you can take annual leave for any purpose, including study. The employer can refuse a leave request only if the refusal is reasonable (Fair Work Act 2009, s 88).
• Personal/carer’s leave — if you are unwell and cannot attend work, you can use personal/carer’s leave. However, using sick leave for study when you are not unwell is not appropriate and could create issues.
• Long service leave — in some states, long service leave can be taken for any purpose, including study. Check your state or territory’s long service leave rules.

The downside of using annual leave for study is that it eats into your holiday entitlement. A dedicated study leave policy avoids this problem.

Frequently Asked Questions

Is study leave a legal right in Australia?

No. Study leave is not a minimum entitlement under the Fair Work Act 2009 or the National Employment Standards. It may be included in a modern award, enterprise agreement, or employer policy, but there is no general statutory right to paid study leave for Australian employees.

Can my employer refuse my study leave request?

If study leave is not in your award, agreement, or policy, the employer has full discretion. If it is in your award or agreement, the employer must follow the terms of that instrument. If you use annual leave for study, the employer can only refuse if the refusal is reasonable.

Does my employer have to pay me during study leave?

Not unless your modern award, enterprise agreement, or employment contract provides for paid study leave. If you take annual leave for study, you are paid at your annual leave rate. If you take unpaid leave, you are not paid.

What if my training is required for my job?

If the training is required by law, by your professional registration body, or by the employer for health and safety reasons, it is generally treated as paid work time — not study leave. The employer must pay you at your ordinary rate for the time spent in mandatory training.

Can I use personal/carer’s leave for study?

Only if you are genuinely unwell or injured and unable to attend work. Using personal/carer’s leave for study when you are fit to work is not appropriate and may constitute misuse of leave. If you need time off for study and have no dedicated study leave, annual leave is the correct option.

Track Study Leave the Right Way

Whether study leave is mandated by your award, included in your enterprise agreement, or offered as a voluntary benefit, you need a system that tracks it separately from other leave types and captures the training investment per employee.