In subsection (a), the 2d sentence of section 31a(a) of existing title 37 is omitted as inconsistent with subsection (b).

In subsection (b), the words “(other than a member on terminal leave on September 1, 1946)” and “at any time after August 31, 1946” are omitted as executed. The words “or regulation” are omitted, since a regulation cannot override a statute. The words “or have to his credit” are omitted as surplusage.

In subsections (b) and (c), the word “accrued” is omitted as covered by the word “accumulated”.

In subsection (e), the words “before or after August 9, 1946” and section 31a(a) (words after semicolon in 9th sentence) of existing title 37 are omitted as executed.

2023—Subsec. (h)(2)(D). Pub. L. 118–31, § 1722(d)(1)(A)(i), added subpar. (D).

Subsec. (h)(5)(B), (6). Pub. L. 118–31, § 1722(d)(1)(A)(ii), inserted “, or of the Space Force,” after “member of a reserve component”.

Subsec. (i). Pub. L. 118–31, § 1722(d)(1)(B), inserted “, or of the Space Force,” after “member of a reserve component”.

Subsec. (l)(1)(B). Pub. L. 118–31, § 1801(a)(10), redesignated cls. (A) to (C) as (i) to (iii), respectively.

2022—Subsec. (b). Pub. L. 117–263, § 631(b)(1), substituted “subsections (e) and (f)” for “subsections (d), (f), and (g)”.

Subsec. (d). Pub. L. 117–263, § 631(a), redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: “Notwithstanding subsection (b), during the period beginning on October 1, 2008, through September 30, 2015, a member may accumulate up to 75 days of leave.”

Subsec. (e). Pub. L. 117–263, § 632(a), added subsec. (e) and struck out former subsec. (e) which related to authority to allow certain members of the armed forces who would lose accumulated leave in excess of 60 or 75 days, as the case may be, to retain accumulated total of 120 days of leave.

Pub. L. 117–263, § 631(a)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

Subsec. (f). Pub. L. 117–263, § 631(b)(2), substituted “subsections (b) and (e)” for “subsections (b), (d), and (f)” in introductory provisions.

Pub. L. 117–263, § 631(a)(2), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).

Subsec. (g). Pub. L. 117–263, § 631(a)(2), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).

Subsec. (h). Pub. L. 117–263, § 631(a)(2), redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g).

Subsec. (h)(3). Pub. L. 117–263, § 633(b), which directed amendment of par. (4) of subsec. (h) by designating existing provisions as subpar. (A), redesignating former subpars. (A) and (B) as cls. (i) and (ii) of subpar. (A), and adding subpar. (B), was executed to par. (3) to reflect the probable intent of Congress and the intervening redesignation of par. (4) as (3) by Pub. L. 117–81, § 621(a)(1)(B), effective one year after Dec. 27, 2021. See 2021 Amendment note below.

Subsec. (i). Pub. L. 117–263, § 631(b)(3), substituted “subsections (b) and (e)” for “subsections (b), (d), and (f)”.

Pub. L. 117–263, § 631(a)(2), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h).

Subsecs. (j) to (l). Pub. L. 117–263, § 631(a)(2), redesignated subsecs. (k) to (m) as (j) to (l), respectively. Former subsec. (j) redesignated (i).

Subsec. (m). Pub. L. 117–263, § 633(a), added subsec. (m).

Pub. L. 117–263, § 631(a)(2), redesignated subsec. (m) as (l).

2021—Subsec. (i)(1)(A). Pub. L. 117–81, § 621(a)(1)(A)(i), substituted “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:” and cls. (i) and (ii) for “a member of the armed forces described in paragraph (2) who is the primary caregiver in the case of the birth of a child is allowed up to twelve weeks of total leave, including up to six weeks of medical convalescent leave, to be used in connection with such birth.”

Subsec. (i)(1)(B). Pub. L. 117–81, § 621(a)(1)(A)(ii), added subpar. (B) and struck out former subpar. (B) which read as follows: “Under the regulations prescribed for purposes of this subsection, a member of the armed forces described in paragraph (2) who is the primary caregiver in the case of the adoption of a child is allowed up to six weeks of total leave to be used in connection with such adoption.”

Subsec. (i)(3). Pub. L. 117–81, § 621(a)(1)(C), substituted “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” for “Notwithstanding paragraph (1)(A), a member may receive more than six weeks of medical convalescent leave in connection with the birth of a child, but only if the additional medical convalescent leave” in introductory provisions.

Pub. L. 117–81, § 621(a)(1)(B), redesignated par. (4) as (3) and struck out former par. (3) which read as follows: “The Secretary shall prescribe in the regulations referred to in paragraph (1) a definition of the term ‘primary caregiver’ for purposes of this subsection.”

Subsec. (i)(4). Pub. L. 117–81, § 621(a)(1)(D), substituted “paragraphs (1) and (3)” for “paragraphs (1) and (4)”.

Pub. L. 117–81, § 621(a)(1)(B), redesignated par. (5) as (4). Former par. (4) redesignated (3).

Subsec. (i)(5). Pub. L. 117–81, § 621(a)(1)(B), redesignated par. (6) as (5). Former par. (5) redesignated (4).

Subsec. (i)(5)(A). Pub. L. 117–81, § 621(a)(1)(E), inserted “, subject to the exceptions in paragraph (1)(B)(ii)” after “shall be forfeited”.

Subsec. (i)(6). Pub. L. 117–81, § 621(a)(1)(B), redesignated par. (7) as (6). Former par. (6) redesignated (5).

Subsec. (i)(7). Pub. L. 117–81, § 621(a)(1)(B), redesignated par. (9) as (7). Former par. (7) redesignated (6).

Subsec. (i)(7)(B). Pub. L. 117–81, § 621(a)(1)(F), substituted “paragraph (3)” for “paragraph (4)”.

Subsec. (i)(8). Pub. L. 117–81, § 621(a)(1)(B), struck out par. (8) which read as follows: “Under the regulations prescribed for purposes of this subsection, a member taking leave under paragraph (1) may, as a condition for taking such leave, be required—

“(A) to accept an extension of the member’s current service obligation, if any, by one week for every week of leave taken under paragraph (1); or

“(B) to incur a reduction in the member’s leave account by one week for every week of leave taken under paragraph (1).”

Subsec. (i)(9), (10). Pub. L. 117–81, § 621(a)(1)(B), redesignated par. (9) as (7) and struck out par. (10) which read as follows:

“(A) Subject to subparagraph (B), a member taking leave under paragraph (1) during a period of obligated service shall not be eligible for terminal leave, or to sell back leave, at the end such period of obligated service.

“(B) Under the regulations for purposes of this subsection, the Secretary concerned may waive, whether in whole or in part, the applicability of subparagraph (A) to a member who reenlists at the end of the member’s period of obligated service described in that subparagraph if the Secretary determines that the waiver is in the interests of the armed force concerned.”

Subsecs. (j), (k). Pub. L. 117–81, § 621(a)(2), redesignated subsecs. (k) and (l) as (j) and (k), respectively, and struck out former subsec. (j) which related to leave for secondary caregivers in case of birth of child or adoption of child.

Subsec. (l). Pub. L. 117–81, § 621(a)(3), added subsec. (l). Former subsec. (l) redesignated (k).

Subsec. (m). Pub. L. 117–81, § 622(a), added subsec. (m).

2019—Subsec. (i)(5). Pub. L. 116–92, § 571, substituted “in more than one increment” for “only in one increment” and inserted “in accordance with regulations prescribed by the Secretary concerned” before period at end.

Subsec. (l). Pub. L. 116–92, § 572, added subsec. (l).

2016—Subsecs. (i), (j). Pub. L. 114–328 added subsecs. (i) and (j) and struck out former subsecs. (i) and (j) which read as follows:

“(i)(1) Under regulations prescribed by the Secretary of Defense, a member of the armed forces adopting a child in a qualifying child adoption is allowed up to 21 days of leave in a calendar year to be used in connection with the adoption.

“(2) For the purpose of this subsection, an adoption of a child by a member is a qualifying child adoption if the member is eligible for reimbursement of qualified adoption expenses for such adoption under section 1052 of this title.

“(3) In the event that two members of the armed forces who are married to each other adopt a child in a qualifying child adoption, only one such member shall be allowed leave under this subsection.

“(4) Leave under paragraph (1) is in addition to other leave provided under other provisions of this section.

“(j)(1) Under regulations prescribed by the Secretary concerned, a married member of the armed forces on active duty whose wife gives birth to a child shall receive 10 days of leave to be used in connection with the birth of the child.

“(2) Leave under paragraph (1) is in addition to other leave authorized under this section.”

2013—Subsec. (d). Pub. L. 112–239 substituted “September 30, 2015” for “September 30, 2013”.

2011—Subsec. (k). Pub. L. 111–383 added subsec. (k).

2009—Subsec. (d). Pub. L. 111–84 substituted “September 30, 2013” for “December 31, 2010”.

2008—Subsec. (b). Pub. L. 110–181, § 551(a)(1), substituted “subsections (d), (f), and (g)” for “subsection (f) and subsection (g)”.

Subsec. (d). Pub. L. 110–181, § 551(a)(2), added subsec. (d).

Subsec. (f)(1)(A). Pub. L. 110–181, § 551(b)(1), substituted “at the end of the fiscal year any accumulated leave in excess of the number of days of leave authorized to be accumulated under subsection (b) or (d)” for “any accumulated leave in excess of 60 days at the end of the fiscal year”.

Subsec. (f)(1)(C). Pub. L. 110–181, § 551(b)(2), substituted “the days of leave authorized to be accumulated under subsection (b) or (d) that are” for “60 days” and inserted “(or fourth fiscal year, if accumulated while subsection (d) is in effect)” after “third fiscal year”.

Subsec. (f)(2). Pub. L. 110–181, § 551(b)(3), substituted “except for this paragraph, would lose at the end of that fiscal year any accumulated leave in excess of the number of days of leave authorized to be accumulated under subsection (b) or (d), shall be permitted to retain such leave until the end of the second fiscal year after the fiscal year in which such service on active duty is terminated” for “except for this paragraph—

“(A) would lose any accumulated leave in excess of 60 days at the end of that fiscal year, shall be permitted to retain such leave (not to exceed 90 days) until the end of the succeeding fiscal year; or

“(B) would lose any accumulated leave in excess of 60 days at the end of the succeeding fiscal year (other than by reason of subparagraph (A)), shall be permitted to retain such leave (not to exceed 90 days) until the end of the next succeeding fiscal year.”

Subsec. (g). Pub. L. 110–181, § 551(c), substituted “limitations in subsections (b), (d), and (f)” for “60-day limitation in subsection (b) and the 90-day limitation in subsection (f)” in introductory provisions.

Subsec. (j). Pub. L. 110–417 added subsec. (j).

2006—Subsec. (f)(1)(B). Pub. L. 109–163, § 682, amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “This subsection applies to a member who serves on active duty for a continuous period of at least 120 days—

“(i) in an area in which the member is entitled to special pay under section 310(a) of title 37; or

“(ii) while assigned to a deployable ship or mobile unit or to other duty comparable to that specified in clause (i) that is designated for the purpose of this subsection.”

Subsec. (i). Pub. L. 109–163, § 593(a), added subsec. (i).

2003—Subsec. (f)(1). Pub. L. 108–136 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Under uniform regulations to be prescribed by the Secretary concerned, and approved by the Secretary of Defense, a member who serves on active duty for a continuous period of at least 120 days in an area in which he is entitled to special pay under section 310(a) of title 37 or a member assigned to a deployable ship, mobile unit, or to other duty designated for the purpose of this section, may accumulate 90 days’ leave. Except as provided in paragraph (2), leave in excess of 60 days accumulated under this subsection is lost unless it is used by the member before the end of the third fiscal year after the fiscal year in which the service terminated.”

1991—Subsec. (f). Pub. L. 102–190 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), leave” for “Leave” in last sentence, and added par. (2).

1986—Subsec. (h). Pub. L. 99–661 added subsec. (h).

1984—Subsec. (g). Pub. L. 98–525 substituted “60-day” for “sixty-day”, “90-day” for “ninety-day”, and “150” for “one hundred and fifty” in two places.

1983—Subsec. (f). Pub. L. 98–94 substituted “the end of the third fiscal year” for “the end of the fiscal year”.

1981—Subsec. (a)(2). Pub. L. 97–81, § 2(a)(1), struck out “and” at end of par. (2).

Subsec. (a)(3). Pub. L. 97–81, § 2(a)(2), substituted “; and” for a period at end of par. (3).

Subsec. (a)(4). Pub. L. 97–81, § 2(a)(3), added par. (4).

1980—Subsec. (f). Pub. L. 96–579 inserted “or a member assigned to a deployable ship, mobile unit, or to other duty designated for the purpose of this section,” after “title 37”.

1972—Subsec. (b). Pub. L. 92–596, § 1(1), inserted reference to subsec. (g).

Subsec. (g). Pub. L. 92–596, § 1(2), added subsec. (g).

1968—Subsec. (b). Pub. L. 90–245, § 1(1), inserted reference to subsec. (f).

Subsec. (f). Pub. L. 90–245, § 1(2), added subsec. (f).

1965—Subsec. (d). Pub. L. 89–151 repealed subsec. (d) which provided that accumulated leave did not survive the death of a member during active service.

Pub. L. 117–263, div. A, title VI, § 631(d), Dec. 23, 2022, 136 Stat. 2631, provided that: “The amendments made by this section [amending this section, section 2508 of Title 14, Coast Guard, and sections 501 and 502 of Title 37, Pay and Allowances of the Uniformed Services] take effect on January 1, 2023.”

Pub. L. 117–263, div. A, title VI, § 632(c), Dec. 23, 2022, 136 Stat. 2632, provided that: “The amendment made by subsection (a) [amending this section] takes effect on January 1, 2023.”

Pub. L. 117–263, div. A, title VI, § 633(c), Dec. 23, 2022, 136 Stat. 2633, provided that: “The amendments made by this section [amending this section] shall take effect on January 1, 2023.”

Pub. L. 117–81, div. A, title VI, § 621(b), Dec. 27, 2021, 135 Stat. 1771, provided that: “The amendments made by subsection (a) [amending this section] shall take effect one year after the date of the enactment of this Act [Dec. 27, 2021].”

Pub. L. 117–81, div. A, title VI, § 622(b), Dec. 27, 2021, 135 Stat. 1772, provided that: “The amendment made by subsection (a) [amending this section] shall take effect 180 days after the date of the enactment of this Act [Dec. 27, 2021].”

Pub. L. 110–417, [div. A], title V, § 532(b), Oct. 14, 2008, 122 Stat. 4449, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Oct. 14, 2008] and applies only with respect to children born on or after that date.”

Pub. L. 109–163, div. A, title V, § 593(b), Jan. 6, 2006, 119 Stat. 3281, provided that: “Subsection (i) of section 701 of title 10, United States Code (as added by subsection (a)), shall take effect on January 1, 2006, and shall apply only with respect to adoptions completed on or after that date.”

Pub. L. 108–136, div. A, title V, § 542(b), Nov. 24, 2003, 117 Stat. 1478, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2003, or the date of the enactment of this Act [Nov. 24, 2003], whichever is later.”

Pub. L. 98–94, title X, § 1031(b)(1), (2), Sept. 24, 1983, 97 Stat. 671, provided that:

Amendment by Pub. L. 97–81 to take effect at the end of the 60-day period beginning on Nov. 20, 1981, and to apply to each member whose sentence by court-martial is approved on or after Jan. 20, 1982, under section 864 or 865 of this title by the officer exercising general court-martial jurisdiction under the provisions of such section as it existed on the day before the effective date of the Military Justice Act of 1983 (Pub. L. 98–209), or under section 860 of this title by the officer empowered to act on the sentence on or after that effective date, see section 7(a) and (b)(1) of Pub. L. 97–81, set out as an Effective Date note under section 706 of this title.

Pub. L. 92–596, § 3, Oct. 27, 1972, 86 Stat. 1318, provided that: “The first and second sections of this Act [amending this section and section 501 of Title 37, Pay and Allowances of the Uniformed Services] become effective as of February 28, 1961.”

Pub. L. 90–245, § 2, Jan. 2, 1968, 81 Stat. 782, provided that: “Section 1 of this Act [amending this section] applies only to active duty performed after January 1, 1968.”

Amendment by Pub. L. 89–151 effective only in the case of members who die on or after Aug. 28, 1965, see section 4 of Pub. L. 89–151, set out as a note under section 501 of Title 37, Pay and Allowances of the Uniformed Services.

Section effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

Pub. L. 117–81, div. A, title VI, § 621(c), Dec. 27, 2021, 135 Stat. 1771, provided that: “Not later than one year after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of Defense shall prescribe regulations implementing the amendments made by subsection (a) [amending this section].”

Pub. L. 117–263, div. A, title VI, § 632(b), Dec. 23, 2022, 136 Stat. 2632, provided that: “Leave in excess of 90 days, accumulated by a member of the Armed Forces under section 701 of such title [meaning title 10, United States Code] before the effective date under subsection (c) [set out as a note above], is forfeited unless—

Pub. L. 117–81, div. A, title VI, § 621(d), Dec. 27, 2021, 135 Stat. 1771, provided that: “Not later than January 1, 2023, and annually thereafter, each Secretary of a military department shall submit, to the Committees on Armed Services of the Senate and House of Representatives, a report regarding the use, during the preceding fiscal year, of leave under subsections (i) and (j) [now subsecs. (h) and (i)] of section 701 of such title, as amended by subsection (a), disaggregated by births, adoptions, and foster placements, including the number of members of the Armed Forces who—

Authority vested by this chapter in “military departments”, “the Secretary concerned”, or “the Secretary of Defense” to be exercised, with respect to commissioned officer corps of National Oceanic and Atmospheric Administration, by Secretary of Commerce or Secretary’s designee, see section 3071 of Title 33, Navigation and Navigable Waters.

Pub. L. 97–39, title VII, § 702, Aug. 14, 1981, 95 Stat. 943, provided that: “The amendment made by section 10 of the Military Pay and Allowances Benefits Act of 1980 (Public Law 96–579; 94 Stat. 3368) [amending this section] shall apply with respect to the accumulation of leave by members of the Armed Forces who after September 30, 1979, are assigned (1) to a deployable ship or mobile unit, or (2) to other duty designated after the date of the enactment of this Act [Aug. 14, 1981] as duty qualifying for the purpose of [former] section 701(f) of title 10, United States Code, as amended by that amendment.”

For savings provision extending period for which certain accrued leave under former subsec. (f) of this section may be retained by members of Armed Forces, see section 1115 of Pub. L. 101–510, set out as a Treatment of Accumulated Leave note under section 501 of Title 37, Pay and Allowances of the Uniformed Services.