§704 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary in charge (or someone they pick) must create rules that let a service member take paid leave counted by calendar days. The rules must treat officers and enlisted members the same, try to make policies the same across the different military services, require members to use annual leave as they earn it when military needs allow, and explain how to count and charge calendar days of leave. The Secretary must also make it easier to give leave when a member needs to attend a court or state hearing about whether they are a child’s parent or must pay child support, as long as the member is not with a unit deployed in a contingency and the military does not need them to stay. “Court” has the meaning in section 1408(a) of this title. “Child support” has the meaning in section 459(i) of the Social Security Act (42 U.S.C. 659(i)).

Title 10, §704

Armed Forces — Source: USLM XML via OLRC

(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)(1)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)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)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)).

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 704(a)704(b)37:31a(a) (5th sentence).37:31a(a) (6th sentence).37:33(e).37:32(f) (last 8 words).Aug. 9, 1946, ch. 391, §§ 3(a) (5th and 6th sentences), 4(e), 60 Stat. 963; Aug. 4, 1947, ch. 475, § 1 (5th par.), 61 Stat. 749.Aug. 9, 1946, ch. 931, § 2(f) (last 8 words), 60 Stat. 963. In subsection (a), the 1st 18 words of the 5th sentence of section 31a(a) of existing title 37 are omitted as executed. The words “, or his designated representative,” are substituted for the last 8 words of section 32(f) of existing title 37. In subsection (b), 37:33(e) (less 1st sentence) is omitted as executed.

Editorial Notes

Codification The text of section 363(b) of Pub. L. 104–193, which was set out as a note under this section and was transferred to the end of this section and redesignated as subsec. (c), was based on Pub. L. 104–193, title III, § 363(b), Aug. 22, 1996, 110 Stat. 2248, as amended by Pub. L. 107–296, title XVII, § 1704(e)(1)(B), Nov. 25, 2002, 116 Stat. 2315.

Amendments

2004—Subsec. (c). Pub. L. 108–375, § 1084(k)(1)–(3), transferred section 363(b) of Pub. L. 104–193 to the end of this section and redesignated it as subsec. (c). See Codification note above. Subsec. (c)(1). Pub. L. 108–375, § 1084(k)(4)(A), (B)(i), in introductory provisions, substituted “Secretary concerned” for “Secretary of each military department, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy,” and “armed forces” for “Armed Forces”. Subsec. (c)(1)(B). Pub. L. 108–375, § 1084(k)(4)(B)(ii), struck out “(as defined in section 101 of title 10, United States Code)” after “contingency operation”. Subsec. (c)(2)(A), (B). Pub. L. 108–375, § 1084(k)(4)(A), substituted “armed forces” for “Armed Forces”. Subsec. (c)(3). Pub. L. 108–375, § 1084(k)(4)(C)(i), substituted “In this subsection:” for “For purposes of this subsection—” in introductory provisions. Subsec. (c)(3)(A). Pub. L. 108–375, § 1084(k)(4)(C)(ii), substituted “this title” for “title 10, United States Code”. Subsec. (c)(3)(B). Pub. L. 108–375, § 1084(k)(4)(C)(iii), substituted “that term” for “such term”.

Statutory Notes and Related Subsidiaries

Effective Date

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. Facilitating Granting of Leave for Attendance at Hearings Involving Parental Support Obligations Pub. L. 104–193, title III, § 363(b), Aug. 22, 1996, 110 Stat. 2248, as amended by Pub. L. 107–296, title XVII, § 1704(e)(1)(B), Nov. 25, 2002, 116 Stat. 2315, formerly set out as a note under this section, was transferred to subsec. (c) of this section.

§704 Use of leave; regulations