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Code · BILL · 114th Congress · S. 2943 (Placed on Calendar Senate) — To authorize appropriations for fiscal year 2017 for military activities of the Department of Defense, for military c... · Sec. 532

Sec. 532. Leave matters

795 words·~4 min read·/bill/114/s/2943/pcs/section-532·

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Section 701 of title 10, United States Code, is amended— by striking subsections
(i)and (j); and by inserting after subsection
(h)the following new subsections
(i)and (j): Under regulations prescribed by the Secretary of Defense, a member of the armed forces described in paragraph
(2)who is the primary caregiver in the case of the birth of a child or the adoption of a child is allowed up to 6 weeks of leave to be used in connection with such event. A member described in this paragraph is a member as follows: A member on active duty. A member of a reserve component performing active Guard and Reserve duty. A member of a reserve component subject to an active duty recall or mobilization order in excess of 12 months. The Secretary shall prescribe in the regulations referred to in paragraph
(1)a definition of the term primary caregiver for purposes of this subsection. The taking of leave by a member under this subsection in connection with the birth of a child shall be treated as commencing at the conclusion of any period of medical convalescent leave resulting from childbirth. Any such convalescent leave may be for more than six weeks only if specifically recommended, in writing, by the member's medical provider and approved by the member's commander. Any leave taken by a member under this subsection, including leave under paragraphs
(1)and (4), may be taken only in one increment in connection with the event concerned. Any leave authorized by this subsection that is not taken within one year of the event concerned shall be forfeited. Any leave authorized by this subsection for a member of a reserve component on active duty that is not taken at the time the member is separated from active duty shall be forfeited at that time. The period of active duty of a member of a reserve component may not be extended in order to permit the member to take leave authorized by this subsection. Under the regulations for purposes of this subsection, a member taking leave under paragraph
(1)may, as a condition for taking such leave, be required— to accept an extension of the member's current service obligation, if any, by one week for every week of leave taken under paragraph (1); or to incur a reduction in the member's leave account by one week for every week of leave taken under paragraph (1). Leave authorized by this subsection is in addition to any other leave provided under other provisions of this section. Medical convalescent leave under paragraph
(4)is in addition to any other leave provided under other provisions of this subsection. Subject to subparagraph (B), a member taking leave under paragraph
(1)during a period of obligated service shall not be eligible for terminal leave, or to sell back leave, at the end such period of obligated service. Under the regulations for purposes of this subsection, the Secretary concerned may waive, whether in whole or in part, the applicability of subparagraph
(A)to a member who reenlists at the end of the member's period of obligated service described in that subparagraph if the Secretary determines that the waiver is in the interests of the armed force concerned. Under regulations prescribed by the Secretary of Defense, a member of the armed forces described in subsection (i)(2) who is the secondary caregiver in the case of the birth of a child or the adoption of a child is allowed up to 21 days of leave to be used in connection with such event. The Secretary shall prescribe in the regulations referred to in paragraph
(1)a definition of the term secondary caregiver for purposes of this subsection. Any leave taken by a member under this subsection may be taken only in one increment in connection with the event concerned. Under the regulations for purposes of this subsection, paragraphs
(6)through
(10)of subsection
(i)(other than paragraph (9)(B) of such subsection) shall apply to leave, and the taking of leave, authorized by this subsection. . Chapter 40 of title 10, United States Code, is amended by inserting after section 704 the following new section: No member or category of members of the armed forces may be authorized, granted, or assigned leave, including uncharged leave, not expressly authorized by a provision of this chapter or another statute unless expressly authorized by an Act enacted after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017. . The table of sections at the beginning of chapter 40 of such title is amended by inserting after the item relating to section 704 the following new item: 704a. Administration of leave: prohibition on authorizing, granting, or assigning leave not expressly authorized by law. .
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