Study Leave UK: Employer Guide to Time Off for Training

Should you give employees time off to study? Many UK employers offer study leave as a benefit to support professional development, but the legal picture is more nuanced than most people realise. This guide covers the statutory position, how to design a study leave policy, and practical considerations around paid vs unpaid leave, clawback clauses, and tracking.

Is there a legal right to study leave in the UK?

There is no general statutory right to study leave for most UK employees. However, there are two important exceptions:

Young workers (16-17 year olds)

Under section 63A of the Employment Rights Act 1996, employees aged 16-17 who have not achieved a prescribed standard of education or training have the right to reasonable paid time off during working hours to pursue relevant education or training. This is a statutory entitlement that employers cannot refuse.

Right to request time off for study or training

Under section 63D of the Employment Rights Act 1996, employees with at least 26 weeks' continuous service have the right to request time off for study or training. This is a right to request, not a right to receive — the employer can refuse the request on specified business grounds, including:

The proposed training would not improve the employee's effectiveness at work
The burden of additional costs would be too great
The training would have a detrimental effect on performance
Inability to reorganise work among existing staff
Inability to recruit additional staff to cover
There would be insufficient work during the proposed study periods
There are planned structural changes during the proposed period

Importantly, this right only applies to employers with 250 or more employees, so most SMBs are not covered by this provision.

Types of training and qualifications

Study leave can cover a wide range of learning activities:

Professional qualifications

Accountancy exams (ACCA, ACA, CIMA), legal qualifications (SQE), HR qualifications (CIPD), project management (PRINCE2, PMP), and other professional body certifications. These are the most common reason for study leave requests.

Mandatory training

Some roles require ongoing training to maintain professional registration or comply with regulations — for example, medical professionals, financial advisers, and health and safety officers. Time off for mandatory training should normally be paid and treated as working time.

Continuing Professional Development (CPD)

Many professional bodies require members to complete a minimum number of CPD hours each year. While CPD can often be fitted around work, some activities (conferences, courses, workshops) may require time away from the office.

Apprenticeships

Apprentices have a statutory right to paid time off for off-the-job training, which must amount to at least 20% of their working hours. This is a legal requirement under the apprenticeship funding rules.

Paid vs unpaid study leave

There is no legal requirement to pay for study leave (except for the young worker and apprenticeship provisions above). Common approaches include:

Fully paid exam days — many employers offer paid time off on the day of an exam itself, even if study days are unpaid.
Paid study days pro-rata — e.g., 1 paid study day per exam, or 2 days per module.
Unpaid study leave — the employee takes the time off but doesn't receive pay. They may use annual leave instead.
Hybrid approach — paid leave for employer-mandated qualifications, unpaid for employee-initiated ones.

Designing a study leave policy

Eligibility

Define who qualifies. Common criteria include a minimum period of employment (e.g., completion of probation), the qualification being relevant to their role or career development within the business, and line manager approval.

How many days

Set a clear allowance. Examples: up to 5 paid study days per year for approved qualifications, or 1 day per exam plus 1 preparation day. Be specific to avoid ambiguity.

Evidence requirements

Require employees to provide evidence that they're enrolled on a course and have exam dates confirmed. This prevents the benefit being used for study that never materialises. Common evidence includes a course confirmation letter, exam timetable, or enrolment receipt.

Clawback clause

If your business funds the qualification (course fees, exam fees, or paid study time), include a clawback clause requiring the employee to repay some or all of the costs if they leave within a specified period — typically 12 to 24 months after completing the qualification. This protects your investment. Common structures:

100% repayment if leaving within 12 months of completion
50% repayment if leaving between 12 and 24 months
No repayment after 24 months

Clawback clauses must be agreed in advance and documented in writing. They are enforceable provided they are reasonable and the employee was given clear notice.

Supported qualifications

Specify which qualifications the business will support. This can be a named list (e.g., "CIPD, ACCA, and PRINCE2") or a broader statement (e.g., "professional qualifications relevant to the employee's role, as agreed with their line manager").

Tax implications of funded training

Under HMRC rules, employer-funded training is generally tax-free for the employee provided it is work-related. This includes course fees, exam fees, books, and travel to training venues. The training must be undertaken to:

Maintain or improve skills needed in the employee's current role, or
Prepare the employee for a change of role or responsibilities within the business.

If the training is not work-related (e.g., a personal interest course with no connection to the employee's role), it may be treated as a taxable benefit in kind. In practice, most employer-funded professional qualifications fall within the tax-free exemption.

Study leave and annual leave

Clarify in your policy whether study leave is in addition to annual leave or whether employees are expected to use their holiday entitlement for study days. Best practice is to keep study leave separate from annual leave — this reinforces that the business values development and prevents employees from feeling they're sacrificing their holidays.

How Leavely tracks study leave

Leavely lets you set up study leave as a custom leave type with its own rules, so it's tracked separately from annual leave and sick leave:

Custom allowance — set the number of study days each employee is entitled to per year.
Approval workflow — route study leave requests to the relevant manager for approval.
Separate balances — employees see their study leave balance alongside their other leave types, so there's no confusion.
Reporting — see who's using study leave, how many days have been taken across the business, and plan around exam seasons.
Calendar integration — study leave appears on the team calendar, giving colleagues visibility of who's away for exams.