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10 U.S.C. § 704

Title 10 Chapter 40 Current through PL 119-73 Last updated: March 29, 2026 View on OLRC →
Sections in this chapter

§ 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.
  • (c)
    • (1) 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) 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) 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) ).

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