Title 10, Armed ForcesRelease 119-110

§709 Emergency Leave of Absence

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 40 — LEAVE › § 709

Last updated Sep 22, 2026|Official source

Summary

Military leaders can give a service member emergency leave for certain urgent situations. It can be used only once per person, only to keep the member from going into unearned or excess leave, and it cannot last more than 14 days. A qualifying emergency is a close family member’s medical problem or another hardship the leader approves, and the need must be confirmed by an outside source the leader trusts. Each military branch must make similar rules and get them approved by the Secretary of Defense. Definitions: unearned leave = leave that’s more than the member has earned; excess leave = unearned leave the member cannot earn back before leaving service.

Full Legal Text

Title 10, §709

Armed Forces, Source: USLM XML via OLRC

(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)

(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)

(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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 709

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110