
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC704]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                            CHAPTER 40--LEAVE
 
Sec. 704. Use of leave; regulations

    (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.

(Added Pub. L. 87-649, Sec. 3(1), Sept. 7, 1962, 76 Stat. 493.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
704(a)................................  37:31a(a) (5th sentence).            Au
g. 9, 1946, ch. 391, Secs.  3(a)
704(b)................................  37:31a(a) (6th sentence).             (
5th and 6th sentences), 4(e), 60
                                        37:33(e).                             S
tat. 963; Aug. 4, 1947, ch. 475,
                                        37:32(f) (last 8 words).              S
ec.  1 (5th par.), 61 Stat. 749.
                                                                             Au
g. 9, 1946, ch. 931, Sec.  2(f)
                                                                              (
last 8 words), 60 Stat. 963.
-------------------------------------------------------------------------------
---------------------------------

    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.


                             Effective Date

    Section effective Nov. 1, 1962, see section 15 of Pub. 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

    Pub. L. 104-193, title III, Sec. 363(b), Aug. 22, 1996, 110 Stat. 
2248, provided that:
    ``(1) Regulations.--The Secretary of each military department, and 
the Secretary of Transportation with respect to the Coast Guard when it 
is not operating as a service in the Navy, 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 (as defined in section 101 of title 10, United 
    States Code); 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.--For purposes of this subsection--
        ``(A) The term `court' has the meaning given that term in 
    section 1408(a) of title 10, United States Code.
        ``(B) The term `child support' has the meaning given such term 
    in section 459(i) of the Social Security Act (42 U.S.C. 659(i)).''

                  Section Referred to in Other Sections

    This section is referred to in section 702 of this title.
