---
kind: "section"
citation: "10 U.S.C. § 709"
title: "10"
title_heading: "Armed Forces"
number: "709"
heading: "Emergency leave of absence"
release: "119-102"
url: "https://uscodex.org/usc/10/709"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 40 — Leave"
---

# §709. Emergency leave of absence

- (a) **Emergency Leave of Absence.—** The [Secretary concerned](/usc/10/101.md?p=a-9) may grant a [member](/usc/10/1408.md?p=a-5) of the [armed forces](/usc/10/101.md?p=a-4) emergency leave of absence for a [qualifying emergency](#c).
- (b) **Limitations.—** An emergency leave of absence under this section—
  - (1) may be granted only once for any [member](/usc/10/1408.md?p=a-5);
  - (2) may be granted only to prevent the [member](/usc/10/1408.md?p=a-5) from entering [unearned leave status](#e-1) or [excess leave status](#e-2); and
  - (3) may not extend for a period of more than 14 days.
- (c) **Qualifying Emergency.—** In this section, the term “qualifying emergency”, with respect to a [member](/usc/10/1408.md?p=a-5) of the [armed forces](/usc/10/101.md?p=a-4), means a circumstance that—
  - (1) is due to—
    - (A) a medical condition of a [member](/usc/10/1408.md?p=a-5) of the [immediate family](/usc/10/1076d.md?p=f-1) of the [member](/usc/10/1408.md?p=a-5); or
    - (B) any other hardship that the [Secretary concerned](/usc/10/101.md?p=a-9) determines appropriate for purposes of this section; and
  - (2) is verified to the Secretary’s satisfaction based upon information or opinion from a source in addition to the [member](/usc/10/1408.md?p=a-5) that the Secretary considers to be objective and reliable.
- (d) **Military Department Regulations.—** Regulations prescribed under this section by the Secretaries of the military [department](/usc/10/101.md?p=a-6) shall be as uniform as practicable and shall be subject to approval by the Secretary of Defense.
- (e) **Definitions.—** In this section:
  - (1) The term “unearned leave status” means leave approved to be used by a [member](/usc/10/1408.md?p=a-5) of the [armed forces](/usc/10/101.md?p=a-4) that exceeds the amount of leave credit that has been accrued as a result of the [member](/usc/10/1408.md?p=a-5)’s [active service](/usc/10/101.md?p=d-3) and that has not been previously used by the [member](/usc/10/1408.md?p=a-5).
  - (2) The term “excess leave status” means leave approved to be used by a [member](/usc/10/1408.md?p=a-5) of the [armed forces](/usc/10/101.md?p=a-4) that is unearned leave for which a [member](/usc/10/1408.md?p=a-5) is unable to accrue leave credit during the [member](/usc/10/1408.md?p=a-5)’s current term of service before the [member](/usc/10/1408.md?p=a-5)’s separation.

## Source credit

(Added Pub. L. 107–314, div. A, title V, § 572(a), Dec. 2, 2002, 116 Stat. 2557.)