10 U.S.C. § 701: Entitlement and accumulation

absence from duty without leave; absence over leave; confinement as the result of a sentence of a court-martial; and leave required to be taken under section 876a of this title . Except as provided in subsections (e) and (f), a member may not accumulate more than 60 days’ leave. However, leave taken during a fiscal year may be charged to leave accumulated during that fiscal year without regard to this limitation. A member who retired after August 9, 1946 , who is continued on, or is recalled to active duty, may have his leave which accumulated during his service before retirement carried over to his period of service after retirement. Leave taken before discharge is considered to be active service. The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize a member described in paragraph (2) to retain not more than 30 days of excess leave. serves on active duty for a continuous period of at least 120 days for which the member is entitled to special pay under section 310(a) of title 37 ; or is assigned to a deployable ship or mobile unit or to other duty designated for the purposes of this section; except for this subsection, would lose any excess leave at the end of the fiscal year; and receives, from the first officer in a grade above O-6 in the chain of command of such member, written authorization to retain such excess leave. Excess leave retained by a member under this subsection shall be forfeited unless used before the end of the second fiscal year after the end of the fiscal year in which the service or assignment described in paragraph (2)(A) terminated. In this subsection, the term “excess leave” means leave accrued by a member in excess of the number of days of leave authorized to be accumulated under subsection (b). the Secretary concerned receives evidence that the member is dead; or that his death is prescribed or determined under section 555 of title 37 . A member who has taken leave in excess of that authorized by this section and who is being discharged or released from active duty for the purpose of accepting an appointment or a warrant in an armed force, or of entering into an enlistment or an extension of an enlistment in an armed force, may elect to have excess leave of up to 30 days or the maximum number of days of leave that could be earned in the new term of service, whichever is less, carried over to that new term of service to count against leave that will accrue on the new term of service. A member shall be required, at the time of his discharge or release from active duty, to pay for excess leave not carried over under this subsection. The birth or adoption of a child of the member and in order to care for such child. The placement of a minor child with the member for adoption or long-term foster care. operational requirements; professional military education obligations; or other circumstances that the Secretary determines reasonable and appropriate. The regulations prescribed under clause (i) shall require that any leave authorized to be taken after the one-year period described in subparagraph (A) 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. The regulations prescribed under clause (i) shall authorize a member described in such clause to take leave described under subparagraph (A) during the two-year period beginning after an event described in clause (i) or (ii) of such subparagraph with the approval of the first general officer or flag officer in the chain of command of such member. A member on active duty. A member of a reserve component performing active Guard and Reserve duty. A member of a reserve component subject to an active duty recall or mobilization order in excess of 12 months. A member of the Space Force in a space force active status, not on sustained duty. is specifically recommended, in writing, by the medical provider of the member to address a diagnosed medical condition; and is approved by the commander of the member. Convalescent leave may be authorized under subparagraph (A) only for a medical condition of a member and may not be authorized for a member in connection with a condition of a dependent or other family member of the member. Any leave taken by a member under this subsection, including leave under paragraphs (1) and (3), may be taken in more than one increment in connection with such birth or adoption in accordance with regulations prescribed by the Secretary concerned. Any leave authorized by this subsection that is not taken within one year of such birth or adoption shall be forfeited, subject to the exceptions in paragraph (1)(B)(ii). Any leave authorized by this subsection for a member of a reserve component, or of the Space Force, on active duty that is not taken by the time the member is separated from active duty shall be forfeited at that time. The period of active duty of a member of a reserve component, or of the Space Force, may not be extended in order to permit the member to take leave authorized by this subsection. Leave authorized by this subsection is in addition to any other leave provided under other provisions of this section. Medical convalescent leave under paragraph (3) is in addition to any other leave provided under other provisions of this subsection. A member of a reserve component, or of the Space Force, who accumulates leave during a period of active service may carry over any leave so accumulated to the member’s next period of active service, subject to the accumulation limits in subsections (b) and (e), without regard to separation or release from active service if the separation or release is under honorable conditions. The taking of leave carried over under this subsection shall be subject to the provisions of this section. at the election of such member; or in the interest of national security, as determined by the Secretary of Defense. at the election of such member; or in the interest of national security, as determined by the Secretary of Defense. Under regulations prescribed by the Secretary of Defense, a member of the armed forces described in subparagraph (B) is allowed up to two weeks of leave to be used in connection with the death of an immediate family member. A member on active duty. A member of a reserve component performing active Guard and Reserve duty. A member of a reserve component subject to an active duty recall or mobilization order in excess of 12 months. Under the regulations prescribed for purposes of this subsection, a member taking leave under paragraph (1) shall not have his or her leave account reduced as a result of taking such leave if such member’s accrued leave is fewer than 30 days. Members with 30 or more days of accrued leave shall be charged for bereavement leave until such point that the member’s accrued leave is less than 30 days. Any remaining bereavement leave taken by such member in accordance with paragraph (1) after such point shall not be chargeable to the member. the member’s spouse; or a child of the member. determines that the member is not yet fit for duty as a result of that condition; and recommends such leave for the member to provide for the convalescence of the member from that condition; and the commanding officer of the member or the commander of the military medical treatment facility authorizes such leave for the member. the Secretary concerned; or an individual at the level designated by the Secretary concerned, but not below the grade of O–5 or the civilian equivalent; or the member is authorized to receive convalescent leave under subsection (h)(3) in conjunction with the birth of a child. Convalescent leave may be authorized under paragraph (1) only for a medical condition of a member and may not be authorized for a member in connection with a condition of a dependent or other family member of the member. limit the duration of such leave to the minimum necessary in relation to the diagnosis, prognosis, and probable final disposition of the condition of the member; and authorize leave tailored to the specific medical needs of the member rather than (except for convalescent leave provided for under subsection (h)(3)) authorizing leave based on a predetermined formula. A member taking convalescent leave under paragraph (1) shall not have the member’s leave account reduced as a result of taking such leave. In this subsection, the term “military medical treatment facility” means a facility described in subsection (b), (c), or (d) of section 1073d of this title . The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [ Sept. 24, 1983 ] and shall apply to leave accumulated under section 701(f) of such title [this title] after September 30, 1980 . A member of the Armed Forces who was authorized under section 701(f) of such title to accumulate 90 days’ leave during fiscal year 1980, 1981, or 1982 and lost any leave at the end of fiscal year 1981, 1982, or 1983, respectively, because of the provisions of the last sentence of such section, as in effect on the day before the date of the enactment of this Act, shall be credited with the amount of the leave lost and may retain leave in excess of 60 days until (A) September 30, 1984 , or (B) the end of the third fiscal year after the year in which such leave was accumulated, whichever is later, but in no case may such a member accumulate leave in excess of 90 days.” prescribe regulations under subparagraph (B) of section 701(h)(1) of title 10 , United States Code, to implement the amendment made by subsection (a) [amending this section]; and submit to the Committees on Armed Forces of the Senate and House of Representatives a report regarding the implementation of this section.” used by the member on or before September 30, 2026 ; or the retention of such leave is otherwise authorized by law.” used the maximum amount of primary caregiver leave; and used leave in multiple increments.”