10 U.S.C. § 710a: Parental leave for members…

Summary

Members of certain reserve forces can take up to 12 inactive-duty training periods of parental leave during the one-year that starts after their child is born or adopted, or after a minor child is placed with them for adoption or long-term foster care. The Secretary of Defense will create the rules for how that leave works. The rule covers two groups: selected reserve members who get pay under 37 U.S.C. 206, and Individual Ready Reserve members who earn that pay by doing enough inactive-duty training in a year to count toward retirement. The member’s service Secretary, using uniform rules set by the Secretary of Defense, may let a member use unused leave after the one-year if the member would lose it because of operational needs, required military schooling, or other reasonable reasons. Any extended leave must be used within a reasonable time after those reasons end, as set by the Secretary of Defense.

Title 10, §710a

Armed Forces, Source: USLM XML via OLRC

(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 paragraph (1) to be taken after the one-year period described in paragraph (1) in the case of a member described in subsection (b) who, except for this subparagraph, would lose unused parental leave at the end of the one-year period described in paragraph (1) as a result of—

(i)operational requirements;

(ii)professional military education obligations; or

(iii)other circumstances that the Secretary determines reasonable and appropriate.

(B)The regulations prescribed under subparagraph (A) shall require that any leave authorized to be taken after the one-year period described in paragraph (1) 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.

(b)A member described in this subsection 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Pub. L. 119–60, § 1701(a)(10), made amendment identical to that made by Pub. L. 118–159, § 603(b)(2). See 2024 Amendment note below. Subsec. (a)(2)(A). Pub. L. 119–60, § 1701(a)(11)(A), made amendment identical to that made by Pub. L. 118–159, § 603(b)(1)(A). See 2024 Amendment note below. Subsec. (a)(2)(B). Pub. L. 119–60, § 1701(a)(11)(B), made

Amendments

identical to that made by Pub. L. 118–159, § 603(b)(1)(A), (B). See 2024 Amendment note below. 2024—Pub. L. 118–159, § 603(b)(2), renumbered section 711 of this title relating to parental leave for members of certain reserve components of the armed forces as this section. Subsec. (a)(2). Pub. L. 118–159, § 603(b)(1)(A), substituted “paragraph (1)” for “subparagraph (A)” wherever appearing. Subsec. (a)(2)(B). Pub. L. 118–159, § 603(b)(1)(B), substituted “subparagraph (A)” for “clause (i)” and a period for “.;” at end. Subsec. (b). Pub. L. 118–159, § 603(a), struck out “is a member of the Army, Navy, Marine Corps, Air Force, or Space Force who” after “described in this subsection” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date

of 2024 Amendment Pub. L. 118–159, div. A, title VI, § 603(c), Dec. 23, 2024, 138 Stat. 1931, provided that:“The

Amendments

made by this section [amending and renumbering this section] shall take effect on October 1, 2025.”

Effective Date

Pub. L. 118–31, div. A, title VI, § 601(e), Dec. 22, 2023, 137 Stat. 289, provided that: “This section [enacting this section and amending section 12732 of this title, section 206 of Title 37, Pay and Allowances of the Uniformed Services, and provisions set out as a note under section 12732 of this title] and the

Amendments

made by this section shall take effect on October 1, 2024, and apply with respect to periods of parental leave that commence on or after such date.”

§710a Parental Leave for Members of Certain Reserve Components of the Armed Forces

Summary

Title 10, §710a

Notes & Related Subsidiaries

Editorial Notes

Amendments

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Statutory Notes and Related Subsidiaries

Effective Date

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Effective Date

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