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2026-07-06 09:52:37 -04:00

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LegalText 10 U.S.C. § 709 Emergency leave of absence us united_states_code code_section 10 ARMED FORCES 40 LEAVE 709 10 U.S.C. § 709 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s709 data/legal/raw/us/code/title-10/usc10.xml a857106bfbc1fa0a47616d7aaf3630c89f5bafb0ecfa6f71bcf6e0f07717f056 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 b9a263cf4f6ea4cb5b1b8e991ae9cee7b30e94df6883d0b1bea053e1627f3449 2026-07-04 official
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10 U.S.C. § 709 - Emergency leave of absence

Text

(a) Emergency Leave of Absence.— The Secretary concerned may grant a member of the armed forces emergency leave of absence for a qualifying emergency.

(b) Limitations.— An emergency leave of absence under this section—

(1) may be granted only once for any member;

(2) may be granted only to prevent the member from entering unearned leave status or excess leave status; and

(3) may not extend for a period of more than 14 days.

(c) Qualifying Emergency.— In this section, the term “qualifying emergency”, with respect to a member of the armed forces, means a circumstance that—

(1) is due to—

(A) a medical condition of a member of the immediate family of the member; or

(B) any other hardship that the Secretary concerned determines appropriate for purposes of this section; and

(2) is verified to the Secretarys satisfaction based upon information or opinion from a source in addition to the member that the Secretary considers to be objective and reliable.

(d) Military Department Regulations.— Regulations prescribed under this section by the Secretaries of the military department shall be as uniform as practicable and shall be subject to approval by the Secretary of Defense.

(e) Definitions.— In this section:

(1) The term “unearned leave status” means leave approved to be used by a member of the armed forces that exceeds the amount of leave credit that has been accrued as a result of the members active service and that has not been previously used by the member.

(2) The term “excess leave status” means leave approved to be used by a member of the armed forces that is unearned leave for which a member is unable to accrue leave credit during the members current term of service before the members separation.

(Added Pub. L. 107314, div. A, title V, § 572(a), Dec. 2, 2002, 116 Stat. 2557.)