22 U.S.C. § 4083: Required leave

Summary

The Secretary can require a U.S. citizen member (except those employed under section 3951) to take a leave of absence after 12 months of continuous service abroad, and must order that leave as soon as possible after 3 years of continuous service abroad. The leave can be taken in the United States or its territories, including American Samoa, Puerto Rico, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands, and may be taken where the member’s family lives if the member is posted unaccompanied and the family lives at an authorized location outside the United States (even if another rule, section 10305 of title 5, would suggest otherwise). While on this leave, the Secretary may assign the member to work for the Department or elsewhere, but any time spent doing that work does not count as leave.

Title 22, §4083

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Criteria; length of continuous service

The Secretary may order a member of the Service (other than a member employed under section 3951 of this title) who is a citizen of the United States to take a leave of absence under section 6305 of title 5 (without regard to the introductory clause of subsection (a) of that section), upon completion by that member of 12 months of continuous service abroad. The Secretary shall order on such a leave of absence a member of the Service (other than a member employed under section 3951 of this title) who is a citizen of the United States as soon as possible after completion by that member of 3 years of continuous service abroad.

(b)Place leave may be taken

Leave ordered under this section may be taken in the United States or its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. In cases in which a member of the Service has official orders to an unaccompanied post and in which the family members of the member reside apart from the member at authorized locations outside the United States, the member may take the leave ordered under this section where that member’s family members reside, notwithstanding section 10305 of title 5.

(c)Availability for work or duties in Department

While on a leave of absence ordered under this section, the services of any member of the Service shall be available for such work or duties in the Department or elsewhere as the Secretary may prescribe, but the time of such work or duties shall not be counted as leave.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (b). Pub. L. 117–81 inserted at end “In cases in which a member of the Service has official orders to an unaccompanied post and in which the family members of the member reside apart from the member at authorized locations outside the United States, the member may take the leave ordered under this section where that member’s family members reside, notwithstanding section 10305 of title 5.” 2008—Subsec. (b). Pub. L. 110–321 substituted “or its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands” for “, its territories and possessions, or the Commonwealth of Puerto Rico”. 2006—Subsec. (a). Pub. L. 109–234, which directed substitution of “12 months” for “18 months” in section 903(a) of the Foreign Service Act, was executed to subsec. (a) of this section, which is section 903 of the Foreign Service Act of 1980, to reflect the probable intent of Congress. 1994—Subsec. (a). Pub. L. 103–236 inserted “(other than a member employed under section 3951 of this title)” after “member of the Service” in two places.

§4083 Required Leave

Summary

Title 22, §4083

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata