- § 701. Entitlement and accumulation
- § 702. Cadets and midshipmen
- § 703. Reenlistment leave
- § 704. Use of leave; regulations
- § 704a. Administration of leave: prohibition on authorizing, granting, or assigning leave not expressly authorized by law
- § 705. Rest and recuperation absence: qualified members extending duty at designated locations overseas
- § 705a. Rest and recuperation absence: certain members undergoing extended deployment to a combat zone
- § 706. Administration of leave required to be taken
- § 707. Payment upon disapproval of certain court-martial sentences for excess leave required to be taken
- § 707a. Payment upon disapproval of certain board of inquiry recommendations for excess leave required to be taken
- § 708. Educational leave of absence
- § 709. Emergency leave of absence
- § 709a. Expenses incurred in connection with leave canceled due to contingency operations: reimbursement
- § 710. Career flexibility to enhance retention of members
- § 711. Parental leave for members of certain reserve components of the armed forces
§ 701. Entitlement and accumulation
(a) A member of an armed force is entitled to leave at the rate of 2½ calendar days for each month of active service, excluding periods of—
(1) absence from duty without leave;
(2) absence over leave;
(3) confinement as the result of a sentence of a court-martial; and
(4) leave required to be taken under section 876a of this title.
Full-time training, or other full-time duty for a period of more than 29 days, performed under section 316, 502, 503, 504, or 505 of title 32 by a member of the Army National Guard of the United States or the Air National Guard of the United States in his status as a member of the National Guard, and for which he is entitled to pay, is active service for the purposes of this section.
(b) Except as provided in subsections (e) and (f), a member may not accumulate more than 60 days’ leave. However, leave taken during a fiscal year may be charged to leave accumulated during that fiscal year without regard to this limitation.
(c) A member who retired after August 9, 1946, who is continued on, or is recalled to active duty, may have his leave which accumulated during his service before retirement carried over to his period of service after retirement., who is continued on, or is recalled to active duty, may have his leave which accumulated during his service before retirement carried over to his period of service after retirement.
(d) Leave taken before discharge is considered to be active service.
(e)
(1) The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize a member described in paragraph (2) to retain not more than 30 days of excess leave.
(2) A member described in this paragraph is a member who—
(A)
(i) serves on active duty for a continuous period of at least 120 days for which the member is entitled to special pay under section 310(a) of title 37; or
(ii) is assigned to a deployable ship or mobile unit or to other duty designated for the purposes of this section;
(B) except for this subsection, would lose any excess leave at the end of the fiscal year; and
(C) receives, from the first officer in a grade above O-6 in the chain of command of such member, written authorization to retain such excess leave.
(3) Excess leave retained by a member under this subsection shall be forfeited unless used before the end of the second fiscal year after the end of the fiscal year in which the service or assignment described in paragraph (2)(A) terminated.
(4) In this subsection, the term “excess leave” means leave accrued by a member in excess of the number of days of leave authorized to be accumulated under subsection (b).
(f) A member who is in a missing status, as defined in section 551(2) of title 37, accumulates leave without regard to the limitations in subsections (b) and (e). Notwithstanding the death of a member while in a missing status, he continues to earn leave through the date—
(1) the Secretary concerned receives evidence that the member is dead; or
(2) that his death is prescribed or determined under section 555 of title 37.
Leave accumulated while in missing status shall be accounted for separately. It may not be taken, but shall be paid for under section 501(h) of title 37. However, a member whose death is prescribed or determined under section 555 or 556 of title 37 may, in addition to leave accrued before entering a missing status, accrue not more than 150 days’ leave during the period he is in a missing status, unless his actual death occurs on a date when, had he lived, he would have accrued leave in excess of 150 days, in which event settlement will be made for the number of days accrued to the actual date of death. Leave so accrued in a missing status shall be accounted for separately and paid for under the provisions of section 501 of title 37.
(g) A member who has taken leave in excess of that authorized by this section and who is being discharged or released from active duty for the purpose of accepting an appointment or a warrant in an armed force, or of entering into an enlistment or an extension of an enlistment in an armed force, may elect to have excess leave of up to 30 days or the maximum number of days of leave that could be earned in the new term of service, whichever is less, carried over to that new term of service to count against leave that will accrue on the new term of service. A member shall be required, at the time of his discharge or release from active duty, to pay for excess leave not carried over under this subsection.
(h)
(1)
(A) Under regulations prescribed by the Secretary of Defense, a member of the armed forces described in paragraph (2) is allowed up to a total of 12 weeks of parental leave during the one-year period beginning after the following events:
(i) The birth or adoption of a child of the member and in order to care for such child.
(ii) The placement of a minor child with the member for adoption or long-term foster care.
(B)
(i) The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize leave described under subparagraph (A) to be taken after the one-year period described in such paragraph in the case of a member described in paragraph (2) who, except for this subparagraph, would lose unused parental leave at the end of the one-year period described in subparagraph (A) as a result of—(I) operational requirements;(II) professional military education obligations; or(III) other circumstances that the Secretary determines reasonable and appropriate.
(ii) The regulations prescribed under clause (i) shall require that any leave authorized to be taken after the one-year period described in subparagraph (A) shall be taken within a reasonable period of time, as determined by the Secretary of Defense, after cessation of the circumstances warranting the extended deadline.
(2) Paragraph (1) applies to the following members:
(A) A member on active duty.
(B) A member of a reserve component performing active Guard and Reserve duty.
(C) A member of a reserve component subject to an active duty recall or mobilization order in excess of 12 months.
(D) A member of the Space Force in a space force active status, not on sustained duty.
(3)
(A) A member who has given birth may receive medical convalescent leave in conjunction with such birth. Medical convalescent leave in excess of the leave under paragraph (1) may be authorized if such additional medical convalescent leave—
(i) is specifically recommended, in writing, by the medical provider of the member to address a diagnosed medical condition; and
(ii) is approved by the commander of the member.
(B) Convalescent leave may be authorized under subparagraph (A) only for a medical condition of a member and may not be authorized for a member in connection with a condition of a dependent or other family member of the member.
(4) Any leave taken by a member under this subsection, including leave under paragraphs (1) and (3), may be taken in more than one increment in connection with such birth or adoption in accordance with regulations prescribed by the Secretary concerned.
(5)
(A) Any leave authorized by this subsection that is not taken within one year of such birth or adoption shall be forfeited, subject to the exceptions in paragraph (1)(B)(ii).
(B) Any leave authorized by this subsection for a member of a reserve component, or of the Space Force, on active duty that is not taken by the time the member is separated from active duty shall be forfeited at that time.
(6) The period of active duty of a member of a reserve component, or of the Space Force, may not be extended in order to permit the member to take leave authorized by this subsection.
(7)
(A) Leave authorized by this subsection is in addition to any other leave provided under other provisions of this section.
(B) Medical convalescent leave under paragraph (3) is in addition to any other leave provided under other provisions of this subsection.
(i) A member of a reserve component, or of the Space Force, who accumulates leave during a period of active service may carry over any leave so accumulated to the member’s next period of active service, subject to the accumulation limits in subsections (b) and (e), without regard to separation or release from active service if the separation or release is under honorable conditions. The taking of leave carried over under this subsection shall be subject to the provisions of this section.
(j) A member of the armed forces who gives birth while on active duty may be deployed during the period of 12 months beginning on the date of such birth only with the approval of a health care provider employed at a military medical treatment facility and—
(1) at the election of such member; or
(2) in the interest of national security, as determined by the Secretary of Defense.
(k) A member of the armed forces who gives birth while on active duty may be required to meet body composition standards or pass a physical fitness test during the period of 12 months beginning on the date of such birth only with the approval of a health care provider employed at a military medical treatment facility and—
(1) at the election of such member; or
(2) in the interest of national security, as determined by the Secretary of Defense.
(l)
(1)
(A) Under regulations prescribed by the Secretary of Defense, a member of the armed forces described in subparagraph (B) is allowed up to two weeks of leave to be used in connection with the death of an immediate family member.
(B) Subparagraph (A) applies to the following members:
(i) A member on active duty.
(ii) A member of a reserve component performing active Guard and Reserve duty.
(iii) A member of a reserve component subject to an active duty recall or mobilization order in excess of 12 months.
(2) Under the regulations prescribed for purposes of this subsection, a member taking leave under paragraph (1) shall not have his or her leave account reduced as a result of taking such leave if such member’s accrued leave is fewer than 30 days. Members with 30 or more days of accrued leave shall be charged for bereavement leave until such point that the member’s accrued leave is less than 30 days. Any remaining bereavement leave taken by such member in accordance with paragraph (1) after such point shall not be chargeable to the member.
(3) In this section, the term “immediate family member”, with respect to a member of the armed forces, means—
(A) the member’s spouse; or
(B) a child of the member.
(m)
(1) Except as provided by subsection (h)(3), and under regulations prescribed by the Secretary of Defense, a member of the armed forces diagnosed with a medical condition is allowed convalescent leave if—
(A) the medical or behavioral health provider of the member—
(i) determines that the member is not yet fit for duty as a result of that condition; and
(ii) recommends such leave for the member to provide for the convalescence of the member from that condition; and
(B) the commanding officer of the member or the commander of the military medical treatment facility authorizes such leave for the member.
(2) A member may take not more than 30 days of convalescent leave under paragraph (1) with respect to a condition described in that paragraph unless—
(A) such leave in excess of 30 days is authorized by—
(i) the Secretary concerned; or
(ii) an individual at the level designated by the Secretary concerned, but not below the grade of O–5 or the civilian equivalent; or
(B) the member is authorized to receive convalescent leave under subsection (h)(3) in conjunction with the birth of a child.
(3)
(A) Convalescent leave may be authorized under paragraph (1) only for a medical condition of a member and may not be authorized for a member in connection with a condition of a dependent or other family member of the member.
(B) In authorizing convalescent leave for a member under paragraph (1) with respect to a condition described in that paragraph, the commanding officer of the member or the commander of the military medical treatment facility, as the case may be, shall—
(i) limit the duration of such leave to the minimum necessary in relation to the diagnosis, prognosis, and probable final disposition of the condition of the member; and
(ii) authorize leave tailored to the specific medical needs of the member rather than (except for convalescent leave provided for under subsection (h)(3)) authorizing leave based on a predetermined formula.
(4) A member taking convalescent leave under paragraph (1) shall not have the member’s leave account reduced as a result of taking such leave.
(5) In this subsection, the term “military medical treatment facility” means a facility described in subsection (b), (c), or (d) of section 1073d of this title.
(Added Pub. L. 87–649, § 3(1), Sept. 7, 1962, 76 Stat. 492; amended Pub. L. 89–151, § 3, Aug. 28, 1965, 79 Stat. 586; Pub. L. 90–245, § 1, Jan. 2, 1968, 81 Stat. 782; Pub. L. 92–596, § 1, Oct. 27, 1972, 86 Stat. 1317; Pub. L. 96–579, § 10, Dec. 23, 1980, 94 Stat. 3368; Pub. L. 97–81, § 2(a), Nov. 20, 1981, 95 Stat. 1085; Pub. L. 98–94, title X, § 1031(a), Sept. 24, 1983, 97 Stat. 671; Pub. L. 98–525, title XIV, § 1405(18), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 99–661, div. A, title V, § 506(a), Nov. 14, 1986, 100 Stat. 3864; Pub. L. 102–190, div. A, title VI, § 638, Dec. 5, 1991, 105 Stat. 1384; Pub. L. 108–136, div. A, title V, § 542(a), Nov. 24, 2003, 117 Stat. 1478; Pub. L. 109–163, div. A, title V, § 593(a), title VI, § 682, Jan. 6, 2006, 119 Stat. 3280, 3321; Pub. L. 110–181, div. A, title V, § 551(a)–(c), Jan. 28, 2008, 122 Stat. 117; Pub. L. 110–417, [div. A], title V, § 532(a), Oct. 14, 2008, 122 Stat. 4449; Pub. L. 111–84, div. A, title V, § 504, Oct. 28, 2009, 123 Stat. 2277; Pub. L. 111–383, div. A, title V, § 516(a), Jan. 7, 2011, 124 Stat. 4213; Pub. L. 112–239, div. A, title V, § 521, Jan. 2, 2013, 126 Stat. 1722; Pub. L. 114–328, div. A, title V, § 521(a), Dec. 23, 2016, 130 Stat. 2113; Pub. L. 116–92, div. A, title V, §§ 571, 572, Dec. 20, 2019, 133 Stat. 1403; Pub. L. 117–81, div. A, title VI, §§ 621(a), 622(a), Dec. 27, 2021, 135 Stat. 1770, 1771; Pub. L. 117–263, div. A, title VI, §§ 631(a), (b), 632(a), 633(a), (b), Dec. 23, 2022, 136 Stat. 2631–2633; Pub. L. 118–31, div. A, title XVII, § 1722(d)(1), title XVIII, § 1801(a)(10), Dec. 22, 2023, 137 Stat. 670, 684.)
§ 702. Cadets and midshipmen
(a)Graduation Leave.—Graduates of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, or the Coast Guard Academy who, upon graduation, are appointed in a component of an armed force, may, in the discretion of the Secretary concerned or his designated representative, be granted graduation leave of not more than 60 days. Leave granted under this subsection is in addition to any other leave and may not be deducted from or charged against other leave authorized by this chapter, and must be completed within three months of the date of graduation. Leave under this subsection may not be carried forward as credit beyond the date of reporting to the first permanent duty station or to a port of embarkation for permanent duty outside the United States or in Alaska or Hawaii.
(b)Involuntary Leave Without Pay for Suspended Academy Cadets and Midshipmen.—
(1) Under regulations prescribed under subsection (d), the Secretary concerned may place an academy cadet or midshipman on involuntary leave for any period during which the Superintendent of the Academy at which the cadet or midshipman is admitted has suspended the cadet or midshipman from duty at the Academy—
(A) pending separation from the Academy;
(B) pending return to the Academy to repeat an academic semester or year; or
(C) for other good cause.
(2) A cadet or midshipman placed on involuntary leave under paragraph (1) is not entitled to any pay under section 203(c) of title 37 for the period of the leave.
(3) Return of an academy cadet or midshipman to a pay status at the Academy concerned from involuntary leave status under paragraph (1) does not restore any entitlement of the cadet or midshipman to pay for the period of the involuntary leave.
(c)Inapplicable Leave Provisions.—Sections 701, 703, and 704 of this title and subsection (a) do not apply to academy cadets or midshipmen or cadets or midshipmen serving elsewhere in the armed forces.
(d)Regulations.—The Secretary concerned, or his designated representative, may prescribe regulations relating to leave for cadets and midshipmen.
(e)Definition.—In this section, the term “academy cadet or midshipman” means—
(1) a cadet of the United States Military Academy;
(2) a midshipman of the United States Naval Academy;
(3) a cadet of the United States Air Force Academy; or
(4) a cadet of the United States Coast Guard Academy.
(Added Pub. L. 87–649, § 3(1), Sept. 7, 1962, 76 Stat. 492; amended Pub. L. 96–513, title V, § 511(20), Dec. 12, 1980, 94 Stat. 2921; Pub. L. 103–160, div. A, title V, § 532, Nov. 30, 1993, 107 Stat. 1657; Pub. L. 105–261, div. A, title V, § 562, Oct. 17, 1998, 112 Stat. 2027; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(3)], Oct. 30, 2000, 114 Stat. 1654, 1654A–290.)
§ 703. Reenlistment leave
(a) Leave for not more than 90 days may be authorized, in the discretion of the Secretary concerned, or his designated representative, to a member of an armed force who reenlists. Leave authorized under this section shall be deducted from leave accrued during active service before reenlistment or charged against leave that may accrue during future active service, or both.
(b) Under regulations prescribed by the Secretary of Defense, and notwithstanding subsection (a), a member who is on active duty in an area described in section 310(a)(2) or paragraph (1) or (3) of section 351(a) of title 37 and who, by reenlistment, extension of enlistment, or other voluntary action, extends his required tour of duty in that area for at least six months may be—
(1) authorized not more than thirty days of leave, exclusive of travel time, at an authorized place selected by the member; and
(2) transported at the expense of the United States to and from that place.
Leave under this subsection may not be charged or credited to leave that accrued or that may accrue under section 701 of this title. The provisions of this subsection shall be effective only in the case of members who extend their required tours of duty on or before June 30, 1973.
(Added Pub. L. 87–649, § 3(1), Sept. 7, 1962, 76 Stat. 493; amended Pub. L. 89–735, Nov. 2, 1966, 80 Stat. 1163; Pub. L. 90–330, June 5, 1968, 82 Stat. 170; Pub. L. 91–302, July 2, 1970, 84 Stat. 368; Pub. L. 92–481, Oct. 9, 1972, 86 Stat. 795; Pub. L. 115–91, div. A, title VI, § 618(c), Dec. 12, 2017, 131 Stat. 1426.)
§ 704. Use of leave; regulations
(a) Under regulations prescribed by the Secretary concerned, or his designated representative, leave may be taken by a member on a calendar-day basis as vacation or absence from duty with pay, annually as accruing, or otherwise.
(b) Regulations prescribed under subsection (a) shall—
(1) provide equal treatment of officers and enlisted members;
(2) establish to the fullest extent practicable uniform policies for the several armed forces;
(3) provide that leave shall be taken annually as accruing to the extent consistent with military requirements and other exigencies; and
(4) provide for the determination of the number of calendar days of leave to which a member is entitled, including the number of calendar days of absence from duty or vacation to be counted or charged against leave.
(c)Facilitating Granting of Leave for Attendance at Hearings.—
(1)Regulations.—The Secretary concerned shall prescribe regulations to facilitate the granting of leave to a member of the armed forces under the jurisdiction of that Secretary in a case in which—
(A) the leave is needed for the member to attend a hearing described in paragraph (2);
(B) the member is not serving in or with a unit deployed in a contingency operation; and
(C) the exigencies of military service (as determined by the Secretary concerned) do not otherwise require that such leave not be granted.
(2)Covered hearings.—Paragraph (1) applies to a hearing that is conducted by a court or pursuant to an administrative process established under State law, in connection with a civil action—
(A) to determine whether a member of the armed forces is a natural parent of a child; or
(B) to determine an obligation of a member of the armed forces to provide child support.
(3)Definitions.—In this subsection:
(A) The term “court” has the meaning given that term in section 1408(a) of this title.
(B) The term “child support” has the meaning given that term in section 459(i) of the Social Security Act (42 U.S.C. 659(i)).
(Added Pub. L. 87–649, § 3(1), Sept. 7, 1962, 76 Stat. 493; amended Pub. L. 108–375, div. A, title X, § 1084(k), Oct. 28, 2004, 118 Stat. 2064.)
§ 704a. Administration of leave: prohibition on authorizing, granting, or assigning leave not expressly authorized by law
No member or category of members of the armed forces may be authorized, granted, or assigned leave, including uncharged leave, not expressly authorized by a provision of this chapter or another statute unless expressly authorized by an Act of Congress enacted after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017.
(Added Pub. L. 114–328, div. A, title V, § 521(b)(1), Dec. 23, 2016, 130 Stat. 2115.)
§ 705. Rest and recuperation absence: qualified members extending duty at designated locations overseas
(a) Under regulations prescribed by the Secretary concerned, a member of an armed force who—
(1) is entitled to basic pay;
(2) has a specialty that is designated by the Secretary concerned for the purposes of this section;
(3) has completed a tour of duty (as defined in accordance with regulations prescribed by the Secretary concerned) at a location outside the 48 contiguous States and the District of Columbia that is designated by the Secretary concerned for the purposes of this section; and
(4) at the end of that tour of duty executes an agreement to extend that tour for a period of not less than one year;
may, in lieu of receiving special pay under section 314 or 352 of title 37 for duty performed during such extension of duty, elect to receive one of the benefits specified in subsection (b). Receipt of any such benefit is in addition to any other leave or transportation to which the member may be entitled.
(b) The benefits authorized by subsection (a) are—
(1) a period of rest and recuperation absence for not more than 30 days; or
(2) a period of rest and recuperation absence for not more than 15 days for members whose qualifying tour of duty is 12 months or less, or for not more than 20 days for members whose qualifying tour of duty is longer than 12 months, and round-trip transportation at Government expense from the location of the extended tour of duty to the nearest port in the 48 contiguous States and return, or to an alternative destination and return at a cost not to exceed the cost of round-trip transportation from the location of the extended tour of duty to such nearest port.
(c) The provisions of this section shall not be effective unless the Secretary concerned determines that the application of this section will not adversely affect combat or unit readiness.
(Added Pub. L. 96–579, § 5(b)(1), Dec. 23, 1980, 94 Stat. 3366; amended Pub. L. 107–314, div. A, title V, § 574(a)–(b)(2)(A), Dec. 2, 2002, 116 Stat. 2558; Pub. L. 108–136, div. A, title VI, § 621(b), Nov. 24, 2003, 117 Stat. 1505; Pub. L. 110–181, div. A, title V, § 552, Jan. 28, 2008, 122 Stat. 117; Pub. L. 115–91, div. A, title VI, § 618(d), Dec. 12, 2017, 131 Stat. 1426.)
§ 705a. Rest and recuperation absence: certain members undergoing extended deployment to a combat zone
(a)Rest and Recuperation Authorized.—Under regulations prescribed by the Secretary of Defense, the Secretary concerned may provide a member of the armed forces described in subsection (b) the benefits described in subsection (c).
(b)Covered Members.—A member of the armed forces described in this subsection is any member who—
(1) is assigned or deployed for at least 270 days in an area or location—
(A) that is designated by the President as a combat zone; and
(B) in which hardship duty pay is authorized to be paid under section 305 or 352(a) of title 37; and
(2) meets such other criteria as the Secretary of Defense may prescribe in the regulations required by subsection (a).
(c)Benefits.—The benefits described in this subsection are the following:
(1) A period of rest and recuperation absence for not more than 15 days.
(2) Round-trip transportation at Government expense from the area or location in which the member is serving in connection with the exercise of the period of rest and recuperation.
(d)Construction With Other Leave.—Any benefits provided a member under this section are in addition to any other leave or absence to which the member may be entitled.
(Added Pub. L. 111–383, div. A, title V, § 532(a), Jan. 7, 2011, 124 Stat. 4216; amended Pub. L. 115–91, div. A, title VI, § 618(e), Dec. 12, 2017, 131 Stat. 1426.)
§ 706. Administration of leave required to be taken
(a) A period of leave required to be taken under section 876a or 1182(c)(2) of this title shall be charged against any accrued leave to the member’s credit on the day before the day such leave begins unless the member elects to be paid for such accrued leave under subsection (b). If the member does not elect to be paid for such accrued leave under subsection (b), or does not have sufficient accrued leave to his credit to cover the total period of leave required to be taken, the leave not covered by accrued leave shall be charged as excess leave. If the member elects to be paid for accrued leave under subsection (b), the total period of leave required to be taken shall be charged as excess leave.
(b)
(1) A member who is required to take leave under section 876a or 1182(c)(2) of this title and who has accrued leave to his credit on the day before the day such leave begins may elect to be paid for such accrued leave. Any such payment shall be based on the rate of basic pay to which the member was entitled on the day before the day such leave began. If the member does not elect to be paid for such accrued leave, the member is entitled to pay and allowances during the period of accrued leave required to be taken.
(2) Except as provided in paragraph (1) and in sections 707 and 707a of this title, a member may not accrue or receive pay or allowances during a period of leave required to be taken under section 876a or 1182(c)(2) of this title.
(c) A member required to take leave under section 876a or 1182(c)(2) of this title is not entitled to any right or benefit under chapter 43 of title 38 solely because of employment during the period of such leave.
(Added Pub. L. 97–81, § 2(b)(1), Nov. 20, 1981, 95 Stat. 1085; amended Pub. L. 102–568, title V, § 506(c)(5), Oct. 29, 1992, 106 Stat. 4341; Pub. L. 103–337, div. A, title X, § 1070(e)(1), Oct. 5, 1994, 108 Stat. 2859; Pub. L. 103–353, § 2(b)(3), Oct. 13, 1994, 108 Stat. 3169; Pub. L. 104–106, div. A, title XV, § 1503(a)(7), Feb. 10, 1996, 110 Stat. 511; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(4)], Oct. 30, 2000, 114 Stat. 1654, 1654A–290; Pub. L. 107–314, div. A, title V, § 506(c), Dec. 2, 2002, 116 Stat. 2535.)
§ 707. Payment upon disapproval of certain court-martial sentences for excess leave required to be taken
(a) A member—
(1) who is required to take leave under section 876a of this title, any period of which is charged as excess leave under section 706(a) of this title; and
(2) whose sentence by court-martial to a dismissal or a dishonorable or bad-conduct discharge is set aside or disapproved by a Court of Criminal Appeals under section 866 of this title or by the United States Court of Appeals for the Armed Forces under section 867 of this title,
shall be paid, as provided in subsection (b), for the period of leave charged as excess leave, unless a rehearing or new trial is ordered and a dismissal or a dishonorable or bad-conduct discharge is included in the result of the rehearing or new trial and such dismissal or discharge is later executed.
(b)
(1) A member entitled to be paid under this section shall be deemed, for purposes of this section, to have accrued pay and allowances for each day of leave required to be taken under section 876a of this title that is charged as excess leave (except any day of accrued leave for which the member has been paid under section 706(b)(1) of this title and which has been charged as excess leave). If the pay grade of the member was reduced to a lower grade as a result of the court-martial sentence (including any reduction in pay grade under section 858a of this title) and such reduction has not been set aside, disapproved, or otherwise vacated, pay and allowances to be paid under this section shall be deemed to have accrued in such lower grade. Otherwise, such pay and allowances shall be deemed to have accrued in the pay grade held by the member on the day before the day on which his court-martial sentence was approved by the convening authority.
(2) Such a member shall be paid the amount of pay and allowances that he is deemed to have accrued, reduced by the total amount of his income from wages, salaries, tips, other personal service income, unemployment compensation, and public assistance benefits from any Government agency during the period he is deemed to have accrued pay and allowances. Except as provided in paragraph (3), such payment shall be made as follows:
(A) Payment shall be made within 60 days from the date of the order setting aside or disapproving the sentence by court-martial to a dismissal or a dishonorable or bad-conduct discharge if no rehearing or new trial has been ordered.
(B) Payment shall be made within 180 days from the date of the order setting aside or disapproving the sentence by court-martial to a dismissal or a dishonorable or bad-conduct discharge if a rehearing or new trial has been ordered but charges have not been referred to a rehearing or new trial within 120 days from the date of that order.
(C) If a rehearing or new trial has been ordered and a dismissal or a dishonorable or bad-conduct discharge is not included in the result of such rehearing or new trial, payment shall be made within 60 days of the date of the announcement of the result of such rehearing or new trial.
(D) If a rehearing or new trial has been ordered and a dismissal or a dishonorable or bad-conduct discharge is included in the result of such rehearing or new trial, but such dismissal or discharge is not later executed, payment shall be made within 60 days of the date of the order which set aside, disapproved, or otherwise vacated such dismissal or discharge.
(3) If a member is entitled to be paid under this section but fails to provide sufficient information in a timely manner regarding his income when such information is requested under regulations prescribed under subsection (c), the periods of time prescribed in paragraph (2) shall be extended until 30 days after the date on which the member provides the information requested.
(c) This section shall be administered under uniform regulations prescribed by the Secretaries concerned. Such regulations may provide for the method of determining a member’s income during any period the member is deemed to have accrued pay and allowances, including a requirement that the member provide income tax returns and other documentation to verify the amount of his income.
(Added Pub. L. 97–81, § 2(b)(1), Nov. 20, 1981, 95 Stat. 1086; amended Pub. L. 103–337, div. A, title IX, § 924(c)(1), (2), Oct. 5, 1994, 108 Stat. 2831.)
§ 707a. Payment upon disapproval of certain board of inquiry recommendations for excess leave required to be taken
(a) An officer—
(1) who is required to take leave under section 1182(c)(2) or 20503 of this title, any period of which is charged as excess leave under section 706(a) of this title, and
(2) whose recommendation for removal from active duty in a report of a board of inquiry is not approved by the Secretary concerned under section 1184 of this title,
shall be paid, as provided in subsection (b), for the period of leave charged as excess leave.
(b)
(1) An officer entitled to be paid under this section shall be deemed, for purposes of this section, to have accrued pay and allowances for each day of leave required to be taken under section 1182(c)(2) of this title that is charged as excess leave (except any day of accrued leave for which the officer has been paid under section 706(b)(1) of this title and which has been charged as excess leave).
(2) The officer shall be paid the amount of pay and allowances that is deemed to have accrued to the officer under paragraph (1), reduced by the total amount of his income from wages, salaries, tips, other personal service income, unemployment compensation, and public assistance benefits from any Government agency during the period the officer is deemed to have accrued pay and allowances. Except as provided in paragraph (3), such payment shall be made within 60 days after the date on which the Secretary concerned decides not to remove the officer from active duty.
(3) If an officer is entitled to be paid under this section, but fails to provide sufficient information in a timely manner regarding the officer’s income when such information is requested under regulations prescribed under subsection (c), the period of time prescribed in paragraph (2) shall be extended until 30 days after the date on which the member provides the information requested.
(c) This section shall be administered under uniform regulations prescribed by the Secretaries concerned. The regulations may provide for the method of determining an officer’s income during any period the officer is deemed to have accrued pay and allowances, including a requirement that the officer provide income tax returns and other documentation to verify the amount of the officer’s income.
(Added Pub. L. 107–314, div. A, title V, § 506(b), Dec. 2, 2002, 116 Stat. 2535; amended Pub. L. 118–31, div. A, title XVII, § 1722(d)(2), Dec. 22, 2023, 137 Stat. 670.)
§ 708. Educational leave of absence
(a) Under such regulations as the Secretary of Defense may prescribe after consultation with the Secretary of Homeland Security and subject to subsection (b), the Secretary concerned may grant to any eligible member (as defined in subsection (e)) a leave of absence for the purpose of permitting the member to pursue a program of education. The period of a leave of absence granted under this section may not exceed two years, except that the period may exceed two years but may not exceed three years in the case of an eligible member pursuing a program of education in a health care profession.
(b)
(1) A member may not be granted a leave of absence under this section unless—
(A) in the case of an enlisted member, the member agrees in writing to extend his current enlistment after completion (or other termination) of the program of education for which the leave of absence was granted for a period of two months for each month of the period of the leave of absence; and
(B) in the case of an officer, the member agrees to serve on active duty after completion (or other termination) of the program of education for which the leave of absence was granted for a period (in addition to any other period of obligated service on active duty) of two months for each month of the period of the leave of absence.
(2) A member may not be granted a leave of absence under this section until he has completed any extension of enlistment or reenlistment, or any period of obligated service, incurred by reason of any previous leave of absence granted under this section.
(c)
(1) While on a leave of absence under this section, a member shall be paid basic pay but may not receive basic allowance for housing under section 403 of title 37, basic allowance for subsistence under section 402 of such title, or any other pay and allowances to which he would otherwise be entitled for such period.
(2) A period during which a member is on a leave of absence under this section shall be counted for the purposes of computing the amount of the member’s basic pay, for the purpose of determining the member’s eligibility for retired pay, and for the purpose of determining the member’s time in grade for promotion purposes, but may not be counted for the purposes of completion of the term of enlistment of the member (in the case of an enlisted member) or for purposes of section 3021 of title 38, relating to entitlement to supplemental educational assistance.
(d)
(1) In time of war, or of national emergency declared by the President or the Congress after October 19, 1984, the Secretary concerned may cancel any leave of absence granted under this section.
(2) The Secretary concerned may cancel a leave of absence granted to a member under this section if the Secretary determines that the member is not satisfactorily pursuing the program of education for which the leave was granted.
(e) In this section, the term “eligible member” means a member of the armed forces on active duty who is eligible for basic educational assistance under chapter 30 of title 38 and who—
(1) in the case of an enlisted member, has completed at least one term of enlistment and has reenlisted; and
(2) in the case of an officer, has completed the officer’s initial period of obligated service on active duty.
(Added Pub. L. 98–525, title VII, § 707(a)(1), Oct. 19, 1984, 98 Stat. 2571; amended Pub. L. 100–26, § 7(i)(2), (k)(3), Apr. 21, 1987, 101 Stat. 282, 284; Pub. L. 103–337, div. A, title X, § 1070(e)(2), Oct. 5, 1994, 108 Stat. 2859; Pub. L. 105–85, div. A, title VI, § 603(d)(2)(A), Nov. 18, 1997, 111 Stat. 1782; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–375, div. A, title V, § 554, Oct. 28, 2004, 118 Stat. 1913; Pub. L. 109–364, div. A, title X, § 1071(g)(3), Oct. 17, 2006, 120 Stat. 2402.)
§ 709. Emergency leave of absence
(a)Emergency Leave of Absence.—The Secretary concerned may grant a member of the armed forces emergency leave of absence for a qualifying emergency.
(b)Limitations.—An emergency leave of absence under this section—
(1) may be granted only once for any member;
(2) may be granted only to prevent the member from entering unearned leave status or excess leave status; and
(3) may not extend for a period of more than 14 days.
(c)Qualifying Emergency.—In this section, the term “qualifying emergency”, with respect to a member of the armed forces, means a circumstance that—
(1) is due to—
(A) a medical condition of a member of the immediate family of the member; or
(B) any other hardship that the Secretary concerned determines appropriate for purposes of this section; and
(2) is verified to the Secretary’s satisfaction based upon information or opinion from a source in addition to the member that the Secretary considers to be objective and reliable.
(d)Military Department Regulations.—Regulations prescribed under this section by the Secretaries of the military department shall be as uniform as practicable and shall be subject to approval by the Secretary of Defense.
(e)Definitions.—In this section:
(1) The term “unearned leave status” means leave approved to be used by a member of the armed forces that exceeds the amount of leave credit that has been accrued as a result of the member’s active service and that has not been previously used by the member.
(2) The term “excess leave status” means leave approved to be used by a member of the armed forces that is unearned leave for which a member is unable to accrue leave credit during the member’s current term of service before the member’s separation.
(Added Pub. L. 107–314, div. A, title V, § 572(a), Dec. 2, 2002, 116 Stat. 2557.)
§ 709a. Expenses incurred in connection with leave canceled due to contingency operations: reimbursement
(a)Authorization To Reimburse.—The Secretary concerned may reimburse a member of the armed forces under the jurisdiction of the Secretary for travel and related expenses (to the extent not otherwise reimbursable under law) incurred by the member as a result of the cancellation of previously approved leave when—
(1) the leave is canceled in connection with the member’s participation in a contingency operation; and
(2) the cancellation occurs within 48 hours of the time the leave would have commenced.
(b)Regulations.—The Secretary of Defense and, in the case of the Coast Guard when it is not operating as a service in the Navy, the Secretary of Homeland Security shall prescribe regulations to establish the criteria for the applicability of subsection (a).
(c)Conclusiveness of Settlement.—The settlement of an application for reimbursement under subsection (a) is final and conclusive.
(Added Pub. L. 114–328, div. A, title V, § 522(a), Dec. 23, 2016, 130 Stat. 2115.)
§ 710. Career flexibility to enhance retention of members
(a)Programs Authorized.—Each Secretary of a military department may carry out programs under which members of the regular components or of the Space Force and members on Active Guard and Reserve duty of the armed forces under the jurisdiction of such Secretary may be inactivated from active service in order to meet personal or professional needs and returned to active service at the end of such period of inactivation from active service.
(b)Period of Inactivation From Active Service; Effect of Inactivation.—
(1) The period of inactivation from active service under a program under this section of a member participating in the program shall be such period as the Secretary of the military department concerned shall specify in the agreement of the member under subsection (c), except that such period may not exceed three years.
(2) Any service by a Reserve officer, or a Space Force officer in a space force active status not on active duty under section 20105(b) of this title, while participating in a program under this section shall be excluded from computation of the total years of service of that officer pursuant to section 14706(a) of this title.
(3) Any period of participation of a member in a program under this section shall not count toward—
(A) eligibility for retirement or transfer to the Ready Reserve under either chapter 571 or 1223 of this title; or
(B) computation of retired or retainer pay under chapter 71 or 1223 of this title.
(c)Agreement.—Each member of the armed forces who participates in a program under this section shall enter into a written agreement with the Secretary of the military department concerned under which agreement that member shall agree as follows:
(1) To accept an appointment or enlist, as applicable, and serve in the Ready Reserve of an armed force during the period of the inactivation of the member from active service under the program or, in the case of a member of the Space Force on sustained duty, to accept release from sustained duty orders and to serve in a space force active status.
(2) To undergo during the period of the inactivation of the member from active service under the program such inactive service training as the Secretary concerned shall require in order to ensure that the member retains proficiency, at a level determined by the Secretary concerned to be sufficient, in the military skills, professional qualifications, and physical readiness of the member during the inactivation of the member from active service.
(3) Following completion of the period of the inactivation of the member from active service under the program, to serve one month as a member of the armed forces on active service for each month of the period of the inactivation of the member from active service under the program.
(d)Conditions of Release.—The Secretary of Defense shall prescribe regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection (c). At a minimum, the Secretary shall prescribe the procedures and standards to be used to instruct a member on the obligations to be assumed by the member under paragraph (2) of such subsection while the member is released from active service.
(e)Order to Active Service.—Under regulations prescribed by the Secretary of the military department concerned, a member of the armed forces participating in a program under this section may, in the discretion of such Secretary, be required to terminate participation in the program and be ordered to active service.
(f)Pay and Allowances.—
(1) During each month of participation in a program under this section, a member who participates in the program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the member would otherwise be entitled under section 204 of title 37 as a member of the uniformed services on active service in the grade and years of service of the member when the member commences participation in the program.
(2)
(A) A member who participates in a program shall not, while participating in the program, be paid any special or incentive pay or bonus to which the member is otherwise entitled under an agreement under chapter 5 of title 37 that is in force when the member commences participation in the program.
(B) The inactivation from active service of a member participating in a program shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus under chapter 5 of title 37 that is in force when the member commences participation in the program.
(3)
(A) Subject to subparagraph (B), upon the return of a member to active service after completion by the member of participation in a program—
(i) any agreement entered into by the member under chapter 5 of title 37 for the payment of a special or incentive pay or bonus that was in force when the member commenced participation in the program shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the program; and
(ii) any special or incentive pay or bonus shall be payable to the member in accordance with the terms of the agreement concerned for the term specified in clause (i).
(B)
(i) Subparagraph (A) shall not apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, at the time of the return of the member to active service as described in that subparagraph—(I) such pay or bonus is no longer authorized by law; or(II) the member does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the member to active service.
(ii) Subparagraph (A) shall cease to apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, during the term of the revived agreement of the member under subparagraph (A)(i), such pay or bonus ceases being authorized by law.
(C) A member who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph (B)(i)(II) shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the member under chapter 5 of title 37.
(D) Any service required of a member under an agreement covered by this paragraph after the member returns to active service as described in subparagraph (A) shall be in addition to any service required of the member under an agreement under subsection (c).
(4)
(A) Subject to subparagraph (B), a member who participates in a program is entitled, while participating in the program, to the travel and transportation allowances authorized by section 452 of title 37 for—
(i) travel performed from the residence of the member, at the time of release from active service to participate in the program, to the location in the United States designated by the member as his residence during the period of participation in the program; and
(ii) travel performed to the residence of the member upon return to active service at the end of the participation of the member in the program.
(B) An allowance is payable under this paragraph only with respect to travel of a member to and from a single residence.
(5) A member who participates in a program is entitled to carry forward the leave balance existing as of the day on which the member begins participation and accumulated in accordance with section 701 of this title, but not to exceed 60 days.
(g)Promotion.—
(1)
(A) An officer participating in a program under this section shall not, while participating in the program, be eligible for consideration for promotion under chapter 36, 1405, or 2005 of this title.
(B) Upon the return of an officer to active service after completion by the officer of participation in a program—
(i) the Secretary of the military department concerned shall adjust the date of rank of the officer in such manner as the Secretary of Defense shall prescribe in regulations for purposes of this section; and
(ii) the officer shall be eligible for consideration for promotion when officers of the same competitive category, grade, and seniority are eligible for consideration for promotion.
(2) An enlisted member participating in a program shall not be eligible for consideration for promotion during the period that—
(A) begins on the date of the inactivation of the member from active service under the program; and
(B) ends at such time after the return of the member to active service under the program that the member is treatable as eligible for promotion by reason of time in grade and such other requirements as the Secretary of the military department concerned shall prescribe in regulations for purposes of the program.
(h)Continued Entitlements.—A member participating in a program under this section shall, while participating in the program, be treated as a member of the armed forces on active duty for a period of more than 30 days for purposes of—
(1) the entitlement of the member and of the dependents of the member to medical and dental care under the provisions of chapter 55 of this title;
(2) retirement or separation for physical disability under the provisions of chapters 55 and 61 of this title;
(3) the entitlement of the member and of the survivors of the member to all death benefits under the provisions of chapter 75 of this title;
(4) the provision of all travel and transportation allowances for the survivors of deceased members to attend burial ceremonies under section 453(f) of title 37; and
(5) the eligibility of the member for general benefits as provided in part II of title 38.
(Added Pub. L. 115–232, div. A, title V, § 551(a), Aug. 13, 2018, 132 Stat. 1766; amended Pub. L. 116–92, div. A, title VI, § 602, Dec. 20, 2019, 133 Stat. 1423; Pub. L. 116–283, div. A, title IX, § 924(b)(18), Jan. 1, 2021, 134 Stat. 3823; Pub. L. 117–81, div. A, title V, § 521, Dec. 27, 2021, 135 Stat. 1686; Pub. L. 117–263, div. A, title VI, § 626(c)(1), Dec. 23, 2022, 136 Stat. 2628; Pub. L. 118–31, div. A, title XVII, § 1722(d)(3), Dec. 22, 2023, 137 Stat. 670.)
§ 711.1
1 Another section 711 is set out in chapter 41 of this title.
Parental leave for members of certain reserve components of the armed forces(a)
(1) Under regulations prescribed by the Secretary of Defense, a member of a reserve component of the armed forces described in subsection (b) is allowed parental leave for a duration of up to 12 inactive-duty training periods, under section 206 of title 37, during the one-year period beginning after the following events:
(A) the birth or adoption of a child of the member and to care for such child; or
(B) the placement of a minor child with the member for adoption or long-term foster care.
(2)
(A) The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize leave described under subparagraph (A) 2
2 So in original. Probably should be “paragraph (1)”.
to be taken after the one-year period described in subparagraph (A) 2(i) operational requirements;
(ii) professional military education obligations; or
(iii) other circumstances that the Secretary determines reasonable and appropriate.
(B) The regulations prescribed under clause (i) 3
3 So in original. Probably should be “subparagraph (A)”.
shall require that any leave authorized to be taken after the one-year period described in subparagraph (A) 2 shall be taken within a reasonable period of time, as determined by the Secretary of Defense, after cessation of the circumstances warranting the extended deadline.; 44 So in original.
(b) A member described in this subsection is a member of the Army, Navy, Marine Corps, Air Force, or Space Force who is a member of—
(1) the selected reserve who is entitled to compensation under section 206 of title 37; or
(2) the individual ready reserve who is entitled to compensation under section 206 of title 37 when attending or participating in a sufficient number of periods of inactive-duty training during a year to count the year as a qualifying year of creditable service toward eligibility for retired pay.
(Added Pub. L. 118–31, div. A, title VI, § 601(a)(1), Dec. 22, 2023, 137 Stat. 288.)