Study leave is not a minimum entitlement under New Zealand’s Holidays Act 2003. The Act provides for annual holidays, sick leave, bereavement leave, family violence leave, and alternative holidays — but not study or training leave. In New Zealand, study leave entitlements come from individual employment agreements, collective agreements, workplace policies, or case-by-case negotiation between employer and employee.
If you are an employer in New Zealand deciding what to offer, or an employee trying to understand your rights, here is how study leave works in practice.
This article is general information, not legal advice. Check your employment agreement, collective agreement, or workplace policy for your specific entitlements.
Key Takeaways
- Study leave is not a statutory entitlement under the Holidays Act 2003 or any other New Zealand legislation (Employment New Zealand: Leave and holidays).
- Study leave typically comes from employment agreements, collective agreements, or employer policies — not from law.
- Where training is required for health and safety or professional registration, it is generally treated as paid work time, not study leave.
- Typical New Zealand employer study leave policies offer 5 to 10 paid study days per year and a training budget of $1,000 to $3,000 NZD.
- Employees may use annual holidays for study-related absences if no dedicated study leave policy exists.
- The Holidays Act reform process is underway and may introduce new entitlements in future — monitor updates from the Ministry of Business, Innovation and Employment.
What Does the Law Say About Study Leave in New Zealand?
The Holidays Act 2003 sets out the minimum leave entitlements for New Zealand employees:
- 4 weeks’ paid annual holidays after 12 months of continuous employment
- 10 days’ paid sick leave per year (after 6 months)
- 3 days’ bereavement leave per occasion
- 10 days’ paid family violence leave per year
- Alternative holidays for working on a public holiday
Study leave does not appear in this list. There is no statutory right to time off for education, training, or professional development in New Zealand.
Where Study Leave Entitlements Come From
Since the law does not require it, study leave in New Zealand comes from:
- Individual employment agreements — many employers include a study leave clause as a benefit, particularly for professional roles.
- Collective agreements — unions and employers sometimes negotiate study leave provisions as part of collective bargaining, especially in education, healthcare, and the public sector.
- Workplace policies — an employer may have a professional development or study leave policy that applies to all employees, even if it is not in the employment agreement.
- Case-by-case negotiation — some employees negotiate study leave as part of their employment terms, particularly when accepting a role that requires ongoing professional development.
Mandatory Training and Health and Safety
Under the Health and Safety at Work Act 2015, employers have a duty to ensure workers are trained and competent to do their jobs safely. Where training is required by law, by professional registration standards, or by the employer for safety reasons, it is generally treated as paid work time — not study leave.
This matters because it means:
- Mandatory safety inductions, equipment training, and first aid courses are work time and must be paid.
- Continuing professional development required for professional registration (for example, nursing, teaching, accounting) is often treated as work time, depending on the employment agreement.
- If mandatory training occurs outside ordinary hours, the employment agreement’s provisions for overtime, TOIL, or additional hours may apply.
What New Zealand Employers Typically Offer
Since study leave is not mandated, what employers offer varies. Here is what is typical across different sectors:
| Sector | Typical Paid Study Days | Training Budget | Notes |
|---|---|---|---|
| Education (schools) | 5–10 days/year | $1,000–$3,000 NZD | Often in collective agreement |
| Healthcare (private) | 5–10 days/year | $1,500–$3,000 NZD | May include conference leave |
| Professional services | 3–5 days/year | $1,000–$3,000 NZD | Tied to CPD requirements |
| Construction and trades | 2–5 days/year | $500–$1,500 NZD | Safety training treated as work time |
| Retail and hospitality | 0–3 days/year | $0–$1,000 NZD | Rarely formalised |
The most common approaches are:
- Paid study leave — a set number of paid days per year for study, exams, or professional development. This is the most employee-friendly option.
- Annual leave for study — employees use their annual holidays for study-related absences. This is simple but uses up holiday entitlement.
- Flexible work arrangements — adjusting hours or shifts to accommodate study schedules, rather than granting dedicated leave.
- Training agreements — the employer funds a qualification and the employee commits to remaining with the company for a set period, with a repayment clause if they leave early.
How to Set Up a Study Leave Policy
If you are an employer in New Zealand looking to introduce study leave, here is a practical framework:
1. Decide What You Offer
Choose between paid study leave, unpaid study leave, or a combination. Many employers start with 5 paid study days per year and add a training budget of $1,000 to $3,000 NZD.
2. Define Eligible Study
Be specific about what counts. Example: “Study leave covers formal education, professional development courses, exam preparation, or conference attendance that is relevant to the employee’s current role or career development within the company.” Include examples of what 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. For mandatory training required by law or professional registration, treat it as work time and schedule it accordingly.
4. Consider a Repayment Agreement
If you are funding a significant qualification, consider a study assistance agreement with a sliding-scale repayment clause. This protects your investment if the employee leaves shortly after completing the qualification. Keep the repayment period reasonable — 12 to 24 months is standard.
5. Document and Communicate
Write the policy into the employee handbook or as a standalone policy document. Communicate it during onboarding and when it changes. A study leave policy that employees do not know about is a policy that does not work.
Using Annual Holidays for Study
If your employer does not offer dedicated study leave, you can use your annual holidays for study-related absences. Under the Holidays Act 2003, annual holidays can be taken for any purpose, and the employer can only refuse a request if the refusal is reasonable.
The downside is that annual holidays are your primary rest and recreation leave. Using them for study means fewer days for holidays. A dedicated study leave policy avoids this problem and is a stronger retention tool.
Frequently Asked Questions
Is study leave a legal right in New Zealand?
No. Study leave is not a minimum entitlement under the Holidays Act 2003 or any other New Zealand legislation. It may be included in an employment agreement, collective agreement, or employer policy, but there is no general statutory right to paid study leave.
Can my employer refuse my study leave request?
If study leave is not in your employment agreement or a workplace policy, the employer has full discretion. If it is in your agreement or policy, the employer must follow those terms. If you use annual holidays 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 employment agreement, collective agreement, or workplace policy provides for paid study leave. If you take annual holidays for study, you are paid at your annual holiday 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 negotiate study leave as part of my employment?
Yes. Study leave is a matter of negotiation. If your role requires ongoing professional development, you can negotiate study leave as part of your employment terms — either in your individual employment agreement or through collective bargaining. Employers who want to attract and retain skilled employees often include study leave as a benefit.
Track Study Leave the Right Way
Whether study leave is included in your employment agreement, a collective agreement, or a workplace policy, you need a system that tracks it separately from annual holidays and sick leave and captures the training investment per employee.
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