From 06 April 2010, employees with 26 weeks' service (at the date of their request), working for organisations with 250 or more employees can request time off work to train or study. This right will be extended from 06 April 2011 to all employers regardless of their size.

The Employee Study and Training (Procedural Requirements) Regulations 2010, which are being introduced under the Apprenticeships, Skills, Children and Learning Act 2009, are very similar to those governing flexible working. The right to request time off to train or study will have to be considered in accordance with a statutory procedure.

However, there is no absolute right to take time off for training and no requirement for employers to pay employees during the time off or indeed pay for the training itself. The training or study does not have to lead to qualification but it should improve employees' effectiveness at work and therefore benefit the organisation.

The employee must explain how the effectiveness will be brought about and once the request has been submitted they cannot re-apply for another 12 months, irrespective of the outcome. An employer must meet with the employee to discuss the request in detail within 28 days of receiving the request. A decision must be advised in writing to the employee within 14 days of the meeting.

If the decision is positive the employer must confirm what has been agreed in writing and this must include what is being studied, where and when the studying will take place and if it is to be funded. In addition, it must be confirmed whether or not the employee will be paid during the time off.

Employers can refuse requests only for reasons set out in the legislation. The employee can appeal with decision within 14 days.