10 USC § 709 - Emergency leave of absence

---
identifier: "/us/usc/t10/s709"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 709 - Emergency leave of absence"
title_number: 10
title_name: "ARMED FORCES"
section_number: "709"
section_name: "Emergency leave of absence"
chapter_number: 40
chapter_name: "LEAVE"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 107–314, div. A, title V, § 572(a), Dec. 2, 2002, 116 Stat. 2557.)"
---


# § 709. Emergency leave of absence

**(a)** **Emergency Leave of Absence.—** The Secretary concerned may grant a member of the armed forces emergency leave of absence for a qualifying emergency.

**(b)** **Limitations.—** An emergency leave of absence under this section—

**(1)** may be granted only once for any member;

**(2)** may be granted only to prevent the member from entering unearned leave status or excess leave status; 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 of the armed forces, means a circumstance that—

**(1)** is due to—

**(A)** a medical condition of a member of the immediate family of the member; or

**(B)** any other hardship that the Secretary concerned 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 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 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 of the armed forces that exceeds the amount of leave credit that has been accrued as a result of the member’s active service and that has not been previously used by the member.

**(2)** The term “excess leave status” means leave approved to be used by a member of the armed forces that is unearned leave for which a member is unable to accrue leave credit during the member’s current term of service before the member’s separation.

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