Sec. 623. Convalescent leave for members of the Armed Forces
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Section 701 of title 10, United States Code, as amended by section 622(a), is further amended by adding at the end the following new subsection: Except as provided by subsection (h)(3), and under regulations prescribed by the Secretary of Defense, a member of the armed forces diagnosed with a medical condition is allowed convalescent leave if— the medical or behavioral health provider of the member— determines that the member is not yet fit for duty as a result of that condition; and recommends such leave for the member to provide for the convalescence of the member from that condition; and the commanding officer of the member or the commander of the military medical treatment facility authorizes such leave for the member.
A member may take not more than 30 days of convalescent leave under paragraph
(1)with respect to a condition described in that paragraph unless— such leave in excess of 30 days is authorized by— the Secretary concerned; or an individual at the level designated by the Secretary concerned, but not below the grade of O–5 or the civilian equivalent; or the member is authorized to receive convalescent leave under subsection (h)(3) in conjunction with the birth of a child. Convalescent leave may be authorized under paragraph
(1)only for a medical condition of a member and may not be authorized for a member in connection with a condition of a dependent or other family member of the member. In authorizing convalescent leave for a member under paragraph
(1)with respect to a condition described in that paragraph, the commanding officer of the member or the commander of the military medical treatment facility, as the case may be, shall— limit the duration of such leave to the minimum necessary in relation to the diagnosis, prognosis, and probable final disposition of the condition of the member; and authorize leave tailored to the specific medical needs of the member rather than (except for convalescent leave provided for under subsection (h)(3)) authorizing leave based on a predetermined formula. A member taking convalescent leave under paragraph
(1)shall not have the member's leave account reduced as a result of taking such leave. In this subsection, the term military medical treatment facility means a facility described in subsection (b), (c), or
(d)of section 1073d. . Paragraph
(3)of subsection
(h)of such section, as redesignated by section 622(a), is amended— by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively, and by moving such clauses, as so redesignated, two ems to the right; by inserting
(A)after
(3); and by adding at the end the following new subparagraph: Convalescent leave may be authorized under subparagraph
(A)only for a medical condition of a member and may not be authorized for a member in connection with a condition of a dependent or other family member of the member. . The amendments made by this section shall take effect on January 1, 2023.