Are you a student that is working while studying? Juggling these different commitments can make life very busy, especially around exam time, so let us walk you through some possible leave options in this Legal Kitz blog post!
What is study leave?
Study leave is purposed to accommodate employees undertaking studies, such as tertiary education or training programs. In Australia, this kind of leave is not offered across the board, but some awards have adapted to enable their staff to apply for and complete extra courses. We also see study leave available to those working roles in the public service, when the studies they are undertaking are purposed to improve their ability to work for the state. However, there are often a number of requirements and conditions that accompany permitted leave.
Am I eligible for study leave?
If an award does not explicitly state study leave entitlements, it is usually up to the employer’s discretion if study leave is suitable and necessary. Even if you are worried that your study needs do not fulfil the criterium below, it is best to contact your employer to manage your hours to accomodate classes. We recommend preparing all relevant materials including your timetable and assessment calendar, in order to reach a fair arrangement for study leave.
Some key things the employer may consider:
Whether the course is relevant to their employment, and thus will improve their working capacity and skillset;
If the course’s content aligns with the company’s goals;
Whether it is compulsory for the student to attend their classes; and
If the course can be reasonably completed outside of business hours (eg. there are flexible study options that allow classes to be taken outside of business hours).
How do I know if my company allows study leave?
There are a few places to look to see if your company may grant study leave. Firstly, your employment agreement should outline annual leave entitlements, as well as other forms of approved leave. Further, it is important to review the applicable award you are employed under, as there may be a specific entitlement for other kinds of leave included. You can search for your relevant award on the Fair Work website.
Is study leave available under the Legal Services Award?
Under the Legal Services Award (Cth), the Fair Work Commission made changes in 2018 that extended study leave for some students. Previously, 4 days (per 12 month period) of paid leave was allocated to students employed under the Legal Services Award. This has increased to 20 days of leave granted, for every 12 month period. This leave must be related to either exams or associated legal training for admission to becoming an Australian lawyer. Employers cannot reject study leave requests under unreasonable grounds.
Can teachers access study leave entitlements?
Many teachers may wish to recommence their studies to extend their professional development. If a teacher wishes to undertake further studies while they are working, it is important that this is communicated with the employee. As their studies may majorly improve their skillset, some schools may be in a position to sponsor their studies. In many cases where this is not possible, alternate hours and support can be arranged. If there are no major disruptions involved, schools may provide the teacher with leave without pay. Therefore, a lot of these decisions are at the discretion of the employer.
What factors would prevent study leave from being granted?
There are a number of reasons why a company may not choose to grant study leave to their employees. Some of these include:
The course being completed is not with a registered training organisation;
The course is not with an educational institution;
The course is not related or beneficial to their current place of employment; and
There are flexible study options available.
What would I need to provide my employer with?
In general, it is best to present your employer with supporting documents that prove you are studying and what the program demands. For example, it is helpful to provide links to your timetable, the subjects you are undertaking, as well as any compulsory practical hours.
What should I remember?
Always make sure you are familiar with the award you are employed under and know the terms of your employment agreement. We recommend that open communication with your employer or supervisor is best, so you can ensure you are supported as best as possible while you are studying.
Legal advice
Studying and working at the same time is a huge commitment, so make sure you seek support and enquire about study leave with your employer today. If you have any further questions about study leave, Legal Kitz is here to help with any concerns you may have! If you feel as though your employer is denying you leave on unreasonable terms, our team of business law experts can support you. Get in contact today by requesting a free consult.
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Request a free 30-minute consult with one of our Legal Kitz Business Specialists to get advice on your concerns.
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