Sec. 633. CONVALESCENT LEAVE FOR A MEMBER OF THE ARMED FORCES
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## SEC. 633 CONVALESCENT LEAVE FOR A MEMBER OF THE ARMED FORCES ###
(a)In General Section 701 of title 10, United States Code, as amended by sections 631 and 632, is further amended by adding at the end the following new subsection: > > ### “(m) > > > ####
(1)> > 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— > > > ##### “(A) > > the medical or behavioral health provider of the member— > > > ###### “(i) > > determines that the member is not yet fit for duty as a result of that condition; and > > > ###### “(ii) > > recommends such leave for the member to provide for the convalescence of the member from that condition; and > > > ##### “(B) > > the commanding officer of the member or the commander of the military medical treatment facility authorizes such leave for the member. > > > #### “(2) > > 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— > > > ##### “(A) > > such leave in excess of 30 days is authorized by— > > > ###### “(i) > > the Secretary concerned; or > > > ###### “(ii) > > an individual at the level designated by the Secretary concerned, but not below the grade of O-5 or the civilian equivalent; or > > > ##### “(B) > > the member is authorized to receive convalescent leave under subsection (h)(3) in conjunction with the birth of a child. > > > #### “(3) > > > #####
(A)> > 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. > > > ##### “(B) > > 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— > > > ###### “(i) > > 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 > > > ###### “(ii) > > 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. > > > #### “(4) > > A member taking convalescent leave under paragraph
(1)shall not have the member’s leave account reduced as a result of taking such leave. > > > #### “(5) > > In this subsection, the term ‘military medical treatment facility’ means a facility described in subsection (b), (c), or
(d)of section 1073d of this title.” > . ###
(b)Treatment of Convalescent Leave for Birth of Child Paragraph
(4)of subsection
(h)of such section, as redesignated by section 632, is amended— ####
(1)by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively; ####
(2)by inserting “(A)” after “(4)”; and ####
(3)by adding at the end the following new subparagraph: > > ##### “(B) > > 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.” > . ###
(c)Effective Date **[**[10 U.S.C. 701 note](/us/usc/t10/s701)**]** The amendments made by this section shall take effect on January 1, 2023. ## Subtitle E Family and Survivor Benefits
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Sec. 633
CONVALESCENT LEAVE FOR A MEMBER OF THE ARMED FORCES
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