Chapter 40, Section 701, Subsection (h) · 10 U.S.C. Chapter 40

Contents

(h)

(1)

(A)Under regulations prescribed by the Secretary of Defense, a member of the armed forces described in paragraph (2) is allowed up to a total of 12 weeks of parental leave during the one-year period beginning after the following events:

(i)The birth or adoption of a child of the member and in order to care for such child.

(ii)The placement of a minor child with the member for adoption or long-term foster care.

(B)

(i)The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize leave described under subparagraph (A) to be taken after the one-year period described in such paragraph in the case of a member described in paragraph (2) who, except for this subparagraph, would lose unused parental leave at the end of the one-year period described in subparagraph (A) as a result of—

(I)operational requirements;

(II)professional military education obligations; or

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

(ii)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.

(iii)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.

(2)Paragraph (1) applies to the following members:

(A)A member on active duty.

(B)A member of a reserve component performing active Guard and Reserve duty.

(C)A member of a reserve component subject to an active duty recall or mobilization order in excess of 12 months.

(D)A member of the Space Force in a space force active status, not on sustained duty.

(3)

(A)A member who has given birth may receive medical convalescent leave in conjunction with such birth. Medical convalescent leave in excess of the leave under paragraph (1) may be authorized if such additional medical convalescent leave—

(i)is specifically recommended, in writing, by the medical provider of the member to address a diagnosed medical condition; and

(ii)is approved by the commander of the member.

(B)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.

(4)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.

(5)

(A)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).

(B)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.

(6)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.

(7)

(A)Leave authorized by this subsection is in addition to any other leave provided under other provisions of this section.

(B)Medical convalescent leave under paragraph (3) is in addition to any other leave provided under other provisions of this subsection.

United States Government work; public domain under 17 U.S.C. § 105.