Editorial Notes
Amendments
2022—Subsec. (a). Pub. L. 117–328, § 2225(a)(1), substituted “Ready Reserve Corps” for “Reserve Corps” and struck out “: Provided, That such regulations shall not authorize annual leave to be accumulated in excess of sixty days” after “allowances”.
Subsec. (b). Pub. L. 117–328, § 2225(a)(2), added subsec. (b).
Subsecs. (c), (d). Pub. L. 117–328, § 2225(a)(3), redesignated subsec. (d) as (c).
2020—Subsec. (a). Pub. L. 116–136 substituted “Ready Reserve Corps” for “Reserve Corps”.
1979—Subsec. (c). Pub. L. 96–76, repealed subsec. (c) which set forth limitations on granting of annual leave under subsec. (a) of this section.
1962—Subsec. (b). Pub. L. 87–649 repealed subsec. (b) which required forfeiture of all pay and allowances of an officer absent without leave. See section 503 of Title 37, Pay and Allowances of the Uniformed Services.
Subsec. (c). Pub. L. 87–649 repealed last sentence which authorized a lump-sum payment for unused accumulated and accrued annual leave on date of separation, retirement, or release from active duty. See section 501 of Title 37, Pay and Allowances of the Uniformed Services.
Subsec. (d). Pub. L. 87–649 repealed subsec. (d) insofar as it was applicable to the last sentence of subsec. (c). See Amendment note above.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective July 1, 1950, see section 3(a) of act Aug. 9, 1950, set out as an Effective Date of 1950 Amendment note under section 210 of this title.
Authorization To Accumulate Excess Annual Leave
Pub. L. 117–180, div. D, title III, § 302, Sept. 30, 2022, 136 Stat. 2136, provided that:
“For purposes of annual leave accumulated in fiscal year 2022, the authority provided in section 2106 of division C of
Public Law 116–159 (
42 U.S.C. 210–1 note) shall apply to such leave by substituting ‘2022’ for ‘2020’ in subsections (a) and (d)(2).”
Pub. L. 116–159, div. C, title I, § 2106, Oct. 1, 2020, 134 Stat. 729, provided that:
“(b) Use of Excess Leave.—
Annual leave retained pursuant to subsection (a) shall be lost unless it is used by the officer no later than September 30, 2023.
“(c) Applicability.—
This section shall not apply to an officer on terminal leave preceding separation, retirement, or release from active duty, as of the effective date specified in subsection (d).
“(d) Effective Date.—This section shall become effective on the earlier of—
“(1)
the date of the enactment of this Act [Oct. 1, 2020]; or
“(2)
September 30, 2020.”
Compensation for Prior Accumulated and Accrued Leave; Limitation; Inapplicable to Officers on Terminal Leave Prior to July 1, 1950
Act Aug. 9, 1950, ch. 654, § 3(b), (c), 64 Stat. 426, 427, provided that any officer credited with more than sixty days of accumulated and accrued leave on June 30, 1949, be compensated for so much of such leave as exceeds sixty days, that such compensation be due and payable on July 1, 1950, and that the provisions of this Act not apply to any officer on terminal leave preceding separation, retirement, or release from active duty.
Availability of Funds
Act Aug. 9, 1950, ch. 654, § 4, 64 Stat. 427, provided for the availability of funds for payment of compensation for prior accumulated and accrued leave for any officer under section 3 of this Act.
Leave Regulations
Act Aug. 9, 1950, ch. 654, § 5, 64 Stat. 427, provided that:
“Except insofar as the provisions of this Act [enacting this section, amending
section 210 of this title, and enacting provisions set out as notes under this section and
section 210 of this title] are inconsistent therewith, leave
regulations adopted prior to the enactment of this Act [
Aug. 9, 1950], pursuant to the
Public Health Service Act [
42 U.S.C. 201 et seq.], shall remain in effect until repealed, amended, or superseded.”
Executive Documents
Transfer of Functions
Functions of Public Health Service, of Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title.