Investing in employee education and professional development is a powerful way to attract and retain talent in Australia’s competitive labour market. While there is no general statutory right to study leave in Australia, many modern awards include provisions for paid study leave, and offering it as a discretionary benefit demonstrates a genuine commitment to growth. This template provides a structured study and exam leave policy for Australian employers.
Key Takeaways
- There is no general statutory right to study leave under the NES, but some modern awards include study leave provisions.
- Many professional qualifications (e.g., CPA, CIMA, CIPD) require employers to provide study leave as part of membership requirements.
- Study leave should be clearly defined with eligibility, duration, approval, and financial support provisions.
- Linking study leave to business-relevant qualifications ensures the investment benefits both employee and employer.
What This Template Covers
This template provides a complete study and exam leave policy for Australian employers. It covers eligibility, types of study leave (exam leave, study days, professional qualification support), financial support, clawback provisions, approval procedures, and modern award considerations. It is designed for businesses of all sizes and can be adapted to reflect applicable modern awards or enterprise agreements.
Study and Exam Leave Policy Template
1. Purpose
[Company Name] recognises that ongoing professional development is essential for employee growth and business success. This policy outlines the study leave and exam leave arrangements available to employees who wish to undertake qualifications or professional development relevant to their role.
2. Scope
This policy applies to all employees of [Company Name] who have completed their probationary period and are undertaking study, examinations, or professional qualifications relevant to their role or career development.
3. Eligibility
Employees are eligible for study leave if they:
- Have completed their [3/6-month] probationary period.
- Are enrolled in a course, qualification, or professional development programme that is relevant to their current role or career progression.
- Have obtained manager approval before commencing the programme.
- Maintain satisfactory performance in their role.
- Provide evidence of enrolment or examination registration where requested.
4. Types of Study Leave
a) Exam Leave
- Time off for scheduled examinations related to an approved course or qualification.
- Maximum of [1–2 days] per exam sitting (or as required by the examination schedule).
- Exam leave is paid at the employee’s normal rate of pay.
b) Study Days
- Additional time off for course attendance, revision, or coursework.
- Maximum of [5–10] days per year for study purposes.
- Study days are paid at the employee’s normal rate of pay.
- Study days must be booked in advance through the standard leave request process.
c) Professional Qualification Support
- Where [Company Name] sponsors or co-funds a professional qualification (e.g., CPA Australia, CA ANZ, CIMA, CIPD, Engineers Australia), the employee may be entitled to additional study leave beyond the standard allowance.
- The level of support will be agreed in writing before the employee enrols in the qualification.
5. Modern Award Considerations
Some modern awards include specific study leave provisions. [Company Name] will comply with any applicable study leave entitlements under the employee’s modern award or enterprise agreement. Common provisions include:
- Clerks—Private Sector Award 2020: 5 days of paid study leave per year for employees undertaking approved courses.
- ** Banking, Finance and Related Services Award 2020:** Paid study leave for employees enrolled in approved courses.
- Nursing Award 2020: Study leave provisions for nursing staff.
Employees should check their applicable modern award for specific entitlements.
6. Financial Support
[Company Name] offers the following financial support for approved study and professional qualifications:
- Course fees: [Company Name] will contribute up to $[X] per year towards course fees, examination fees, or professional membership fees.
- Study materials: [Company Name] will reimburse up to $[X] per year for textbooks, online resources, or other study materials.
- Payment terms: Reimbursement is contingent on successful completion of the course or examination. If the employee does not complete the course, reimbursement may be required (see clawback clause).
7. Clawback Provision
Where [Company Name] has funded or co-funded a qualification, the employee agrees to the following clawback provisions:
- If the employee voluntarily leaves [Company Name] within [12/24] months of completing the qualification, they will repay [50–100%] of the funded amount on a sliding scale:
- Leaving within 6 months: 100% repayment
- Leaving within 12 months: 50% repayment
- Leaving within 24 months: 25% repayment
- After 24 months: No repayment
- Repayment will be deducted from the employee’s final pay, in accordance with the Fair Work Act 2009.
8. Booking and Approval
- Employees must submit a study leave request via [HR system / email] at least [2 weeks] before the intended leave date.
- The request must include:
- Course or qualification details
- Dates and duration of leave required
- Expected cost (if applying for financial support)
- The manager will approve or deny the request based on business needs and the employee’s eligibility.
9. Employee Responsibilities
Employees on study leave must:
- Maintain satisfactory performance in their role.
- Provide evidence of enrolment or examination registration where requested.
- Notify their manager promptly if the course or examination dates change.
- Complete the qualification within the agreed timeframe.
10. Policy Review
This policy will be reviewed annually or following changes to modern awards, enterprise agreements, or relevant legislation.
Legal Requirements Summary
| Requirement | Detail |
|---|---|
| NES statutory right | None — study leave is discretionary or award-based |
| Modern award provisions | May include paid study leave (check applicable award) |
| Pay during study leave | At employer’s discretion or as per award |
| Financial support | Employer’s discretion; typically capped |
| Clawback provisions | Lawful if agreed before funding; Fair Work Act compliance required |
| Anti-discrimination | Study leave decisions must not be discriminatory |
Customisation Tips
- Check your modern award. Many awards include study leave provisions that are more generous than the minimum. Ensure your policy complies with the applicable award.
- Link to apprenticeship or traineeship programmes. If your company employs apprentices or trainees, integrate study leave with off-the-job training requirements.
- Offer professional membership support. Covering annual membership fees (e.g., CPA Australia, Engineers Australia) is a valued benefit.
- Consider TAFE or university partnerships. Partnering with local TAFEs or universities can provide structured study leave pathways.
Common Mistakes to Avoid
- Ignoring modern award provisions. Some awards mandate study leave. Failing to provide it can result in underpayment claims.
- Not linking study leave to business value. Businesses are more likely to invest in study leave that benefits the organisation.
- Not communicating clawback provisions upfront. Claback clauses must be agreed before the company funds the qualification.
- Denying study leave without reason. While managers can deny requests for business reasons, blanket refusals can damage morale and retention.
- Not tracking outcomes. Monitor whether study leave leads to improved performance, retention, or skill development.
Frequently Asked Questions
Is study leave a legal requirement in Australia?
There is no general statutory right to study leave under the NES. However, many modern awards (e.g., Clerks—Private Sector Award 2020) include paid study leave provisions. Check your employee’s applicable modern award or enterprise agreement for specific entitlements.
Can we require an employee to repay study leave costs if they leave?
Yes, but only if the repayment clause was agreed in writing before the company funded the qualification. The clause must be reasonable and proportionate. Deductions from final pay are subject to the Fair Work Act 2009 and must not result in underpayment of minimum wages.
Does study leave apply to apprenticeships?
Yes. Apprentices are entitled to time off for their apprenticeship programme, including study and off-the-job training. The apprenticeship framework and applicable modern award will govern the specific entitlements.
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