Study leave – right to leave of absence for studies
The Study Leave Act gives an employee the right to take leave from work to study or undertake education without having to resign. This right is established in the Study Leave Act, which regulates who is eligible for study leave, for how long, and how the return to work functions.
Eligibility requirements for the right to study leave
As a general rule, to be eligible for study leave, an employee must have been with the same employer for the last six months, or a total of at least twelve months over the last two years. It does not matter if they have a permanent position, a temporary position, or another fixed-term employment.
How long can an employee be on study leave?
They can be on study leave for the duration of the education, regardless of whether it lasts a few months or several years. The leave can be granted full-time or part-time, depending on the nature of the studies. The employee should apply for the entire or a significant portion of the education period at once, but can also apply for several periods if they want the right to return during the summers.
The employer can postpone the study leave
The employer cannot deny an employee the right to study leave, but can postpone it for up to six months from the time the employee has requested the leave. If the leave is postponed, the employee must be notified.
Return to work after study leave
When the study leave ends, the employee shall return to work and, as a general rule, be offered the same or an equivalent position and employment conditions as before the leave. If the employee decides to discontinue their studies and wishes to return earlier, they have the right to do so, but in some cases, the employer may postpone the return by up to two weeks or one month, depending on the duration of the employee's leave.
Frequently Asked Questions about Study Leave
How long can an employee be on study leave?
They can be on study leave to the extent and for the duration that the education requires, full-time or part-time, regardless of whether it takes months or years.
Can an employer say no to study leave?
No – the employer cannot deny the right to study leave, but can postpone it for up to six months.
What are the requirements for the education to be granted study leave?
As a general rule, the education must be formal and lead to a degree, course, or other recognized educational activity, and you must be admitted to it when the leave is to begin.