(a)Under regulations prescribed by the Secretary concerned, or his designated representative, leave may be taken by a member on a calendar-day basis as vacation or absence from duty with pay, annually as accruing, or otherwise.
(b)Regulations prescribed under subsection (a) shall—
(1)provide equal treatment of officers and enlisted members;
(2)establish to the fullest extent practicable uniform policies for the several armed forces;
(3)provide that leave shall be taken annually as accruing to the extent consistent with military requirements and other exigencies; and
(4)provide for the determination of the number of calendar days of leave to which a member is entitled, including the number of calendar days of absence from duty or vacation to be counted or charged against leave.
(c) Facilitating Granting of Leave for Attendance at Hearings.—
(1) Regulations.— The Secretary concerned shall prescribe regulations to facilitate the granting of leave to a member of the armed forces under the jurisdiction of that Secretary in a case in which—
(A)the leave is needed for the member to attend a hearing described in paragraph (2);
(B)the member is not serving in or with a unit deployed in a contingency operation; and
(C)the exigencies of military service (as determined by the Secretary concerned) do not otherwise require that such leave not be granted.
(2) Covered hearings.— Paragraph (1) applies to a hearing that is conducted by a court or pursuant to an administrative process established under State law, in connection with a civil action—
(A)to determine whether a member of the armed forces is a natural parent of a child; or
(B)to determine an obligation of a member of the armed forces to provide child support.
(3) Definitions.— In this subsection:
(A)The term “court” has the meaning given that term in section
1408(a) of this title.
(B)The term “child support” has the meaning given that term in section 459(i) of the Social Security Act (42 U.S.C. 659(i)).
In subsection (a), the 1st 18 words of the 5th sentence of section 31a(a) of existing title 37 are omitted as executed. The words “, or his designated representative,” are substituted for the last 8 words of section 32(f) of existing title 37.
In subsection (b), 37:33(e) (less 1st sentence) is omitted as executed.
2004—Subsec. (c). Pub. L. 108–375, § 1084(k)(1)–(3), transferred section 363(b) ofPub. L. 104–193to the end of this section and redesignated it as subsec. (c). See Codification note above.
Subsec. (c)(1). Pub. L. 108–375, § 1084(k)(4)(A), (B)(i), in introductory provisions, substituted “Secretary concerned” for “Secretary of each military department, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy,” and “armed forces” for “Armed Forces”.
Subsec. (c)(1)(B). Pub. L. 108–375, § 1084(k)(4)(B)(ii), struck out “(as defined in section
101 of title
10, United States Code)” after “contingency operation”.
Subsec. (c)(2)(A), (B). Pub. L. 108–375, § 1084(k)(4)(A), substituted “armed forces” for “Armed Forces”.
Subsec. (c)(3). Pub. L. 108–375, § 1084(k)(4)(C)(i), substituted “In this subsection:” for “For purposes of this subsection—” in introductory provisions.
Subsec. (c)(3)(A). Pub. L. 108–375, § 1084(k)(4)(C)(ii), substituted “this title” for “title 10, United States Code”.
Subsec. (c)(3)(B). Pub. L. 108–375, § 1084(k)(4)(C)(iii), substituted “that term” for “such term”.
Section effective Nov. 1, 1962, see section 15 ofPub. L. 87–649, set out as a note preceding section
101 of Title
37, Pay and Allowances of the Uniformed Services.
Facilitating Granting of Leave for Attendance at Hearings Involving Parental Support Obligations
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
LII has no control over and does not endorse any external Internet site that contains links to or references LII.