10 U.S.C. § 710 — Career flexibility to enhance retention of

Page 673 TITLE 10—ARMED FORCES § 710 source in addition to the member that the Secretary considers to be objective and reli- able. (d) MILITARY DEPARTMENT REGULATIONS.—Reg- ulations 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 dur- ing the member’s current term of service be- fore the member’s separation. (Added Pub. L. 107–314, div. A, title V, § 572(a), Dec. 2, 2002, 116 Stat. 2557.) § 709a. Expenses incurred in connection with leave canceled due to contingency oper- ations: reimbursement (a) AUTHORIZATION TO REIMBURSE.—The Sec- retary concerned may reimburse a member of the armed forces under the jurisdiction of the Secretary for travel and related expenses (to the extent not otherwise reimbursable under law) incurred by the member as a result of the can- cellation of previously approved leave when— (1) the leave is canceled in connection with the member’s participation in a contingency operation; and (2) the cancellation occurs within 48 hours of the time the leave would have commenced. (b) REGULATIONS.—The Secretary of Defense and, in the case of the Coast Guard when it is not operating as a service in the Navy, the Sec- retary of Homeland Security shall prescribe reg- ulations to establish the criteria for the applica- bility of subsection (a). (c) CONCLUSIVENESS OF SETTLEMENT.—The set- tlement of an application for reimbursement under subsection (a) is final and conclusive. (Added Pub. L. 114–328, div. A, title V, § 522(a), Dec. 23, 2016, 130 Stat. 2115.) § 710. Career flexibility to enhance retention of members (a) PROGRAMS AUTHORIZED.—Each Secretary of a military department may carry out programs under which members of the regular components or of the Space Force and members on Active Guard and Reserve duty of the armed forces under the jurisdiction of such Secretary may be inactivated from active service in order to meet personal or professional needs and returned to active service at the end of such period of inac- tivation from active service. (b) PERIOD OF INACTIVATION FROM ACTIVE SERVICE; EFFECT OF INACTIVATION.—(1) The pe- riod of inactivation from active service under a program under this section of a member partici- pating in the program shall be such period as the Secretary of the military department con- cerned shall specify in the agreement of the member under subsection (c), except that such period may not exceed three years. (2) Any service by a Reserve officer, or a Space Force officer in a space force active status not on active duty under section 20105(b) of this title, while participating in a program under this section shall be excluded from computation of the total years of service of that officer pur- suant to section 14706(a) of this title. (3) Any period of participation of a member in a program under this section shall not count to- ward— (A) eligibility for retirement or transfer to the Ready Reserve under either chapter 571 or 1223 of this title; or (B) computation of retired or retainer pay under chapter 71 or 1223 of this title. (c) AGREEMENT.—Each member of the armed forces who participates in a program under this section shall enter into a written agreement with the Secretary of the military department concerned under which agreement that member shall agree as follows: (1) To accept an appointment or enlist, as applicable, and serve in the Ready Reserve of an armed force during the period of the inac- tivation of the member from active service under the program or, in the case of a member of the Space Force on sustained duty, to ac- cept release from sustained duty orders and to serve in a space force active status. (2) To undergo during the period of the inac- tivation of the member from active service under the program such inactive service train- ing as the Secretary concerned shall require in order to ensure that the member retains pro- ficiency, at a level determined by the Sec- retary concerned to be sufficient, in the mili- tary skills, professional qualifications, and physical readiness of the member during the inactivation of the member from active serv- ice. (3) Following completion of the period of the inactivation of the member from active serv- ice under the program, to serve one month as a member of the armed forces on active serv- ice for each month of the period of the inac- tivation of the member from active service under the program. (d) CONDITIONS OF RELEASE.—The Secretary of Defense shall prescribe regulations specifying the guidelines regarding the conditions of re- lease that must be considered and addressed in the agreement required by subsection (c). At a minimum, the Secretary shall prescribe the pro- cedures and standards to be used to instruct a member on the obligations to be assumed by the member under paragraph (2) of such subsection while the member is released from active serv- ice. (e) ORDER TO ACTIVE SERVICE.—Under regula- tions prescribed by the Secretary of the military department concerned, a member of the armed forces participating in a program under this sec- tion may, in the discretion of such Secretary, be required to terminate participation in the pro- gram and be ordered to active service. (f) PAY AND ALLOWANCES.—(1) During each month of participation in a program under this Page 674 TITLE 10—ARMED FORCES § 710 section, a member who participates in the pro- gram shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the member would otherwise be entitled under section 204 of title 37 as a member of the uniformed services on active service in the grade and years of service of the member when the member commences partici- pation in the program. (2)(A) A member who participates in a pro- gram shall not, while participating in the pro- gram, be paid any special or incentive pay or bonus to which the member is otherwise entitled under an agreement under chapter 5 of title 37 that is in force when the member commences participation in the program. (B) The inactivation from active service of a member participating in a program shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus under chapter 5 of title 37 that is in force when the member commences participation in the program. (3)(A) Subject to subparagraph (B), upon the return of a member to active service after com- pletion by the member of participation in a pro- gram— (i) any agreement entered into by the mem- ber under chapter 5 of title 37 for the payment of a special or incentive pay or bonus that was in force when the member commenced partici- pation in the program shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the program; and (ii) any special or incentive pay or bonus shall be payable to the member in accordance with the terms of the agreement concerned for the term specified in clause (i). (B)(i) Subparagraph (A) shall not apply to any special or incentive pay or bonus otherwise cov- ered by that subparagraph with respect to a member if, at the time of the return of the mem- ber to active service as described in that sub- paragraph— (I) such pay or bonus is no longer authorized by law; or (II) the member does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the member to active service. (ii) Subparagraph (A) shall cease to apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, during the term of the revived agree- ment of the member under subparagraph (A)(i), such pay or bonus ceases being authorized by law. (C) A member who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subpara- graph (B)(i)(II) shall be subject to the require- ments for repayment of such pay or bonus in ac- cordance with the terms of the applicable agree- ment of the member under chapter 5 of title 37. (D) Any service required of a member under an agreement covered by this paragraph after the member returns to active service as described in subparagraph (A) shall be in addition to any service required of the member under an agree- ment under subsection (c). (4)(A) Subject to subparagraph (B), a member who participates in a program is entitled, while participating in the program, to the travel and transportation allowances authorized by section 452 of title 37 for— (i) travel performed from the residence of the member, at the time of release from active service to participate in the program, to the location in the United States designated by the member as his residence during the period of participation in the program; and (ii) travel performed to the residence of the member upon return to active service at the end of the participation of the member in the program. (B) An allowance is payable under this para- graph only with respect to travel of a member to and from a single residence. (5) A member who participates in a program is entitled to carry forward the leave balance ex- isting as of the day on which the member begins participation and accumulated in accordance with section 701 of this title, but not to exceed 60 days. (g) PROMOTION.—(1)(A) An officer participating in a program under this section shall not, while participating in the program, be eligible for con- sideration for promotion under chapter 36, 1405, or 2005 of this title. (B) Upon the return of an officer to active service after completion by the officer of par- ticipation in a program— (i) the Secretary of the military department concerned shall adjust the date of rank of the officer in such manner as the Secretary of De- fense shall prescribe in regulations for pur- poses of this section; and (ii) the officer shall be eligible for consider- ation for promotion when officers of the same competitive category, grade, and seniority are eligible for consideration for promotion. (2) An enlisted member participating in a pro- gram shall not be eligible for consideration for promotion during the period that— (A) begins on the date of the inactivation of the member from active service under the pro- gram; and (B) ends at such time after the return of the member to active service under the program that the member is treatable as eligible for promotion by reason of time in grade and such other requirements as the Secretary of the military department concerned shall prescribe in regulations for purposes of the program. (h) CONTINUED ENTITLEMENTS.—A member par- ticipating in a program under this section shall, while participating in the program, be treated as a member of the armed forces on active duty for a period of more than 30 days for purposes of— (1) the entitlement of the member and of the dependents of the member to medical and den- tal care under the provisions of chapter 55 of this title; (2) retirement or separation for physical dis- ability under the provisions of chapters 55 and 61 of this title; Page 675 TITLE 10—ARMED FORCES § 711 1 Another section 711 is set out in chapter 41 of this title. 2 So in original. Probably should be ‘‘paragraph (1)’’. 3 So in original. Probably should be ‘‘subparagraph (A)’’. 4 So in original. (3) the entitlement of the member and of the survivors of the member to all death benefits under the provisions of chapter 75 of this title; (4) the provision of all travel and transpor- tation allowances for the survivors of deceased members to attend burial ceremonies under section 453(f) of title 37; and (5) the eligibility of the member for general benefits as provided in part II of title 38. (Added Pub. L. 115–232, div. A, title V, § 551(a), Aug. 13, 2018, 132 Stat. 1766; amended Pub. L. 116–92, div. A, title VI, § 602, Dec. 20, 2019, 133 Stat. 1423; Pub. L. 116–283, div. A, title IX, § 924(b)(18), Jan. 1, 2021, 134 Stat. 3823; Pub. L. 117–81, div. A, title V, § 521, Dec. 27, 2021, 135 Stat. 1686; Pub. L. 117–263, div. A, title VI, § 626(c)(1), Dec. 23, 2022, 136 Stat. 2628; Pub. L. 118–31, div. A, title XVII, § 1722(d)(3), Dec. 22, 2023, 137 Stat. 670.) Editorial Notes AMENDMENTS 2023—Subsec. (a). Pub. L. 118–31, § 1722(d)(3)(A), in- serted ‘‘or of the Space Force’’ after ‘‘regular compo- nents’’. Subsec. (b)(2). Pub. L. 118–31, § 1722(d)(3)(B), which di- rected amendment of par. (2) by inserting ‘‘, or a Space Force officer in a space force active status not on ac- tive duty under section 20105(b) of this title,’’ after ‘‘of- ficer’’, was executed by making the insertion after ‘‘of- ficer’’ the first place appearing, to reflect the probable intent of Congress. Subsec. (c)(1). Pub. L. 118–31, § 1722(d)(3)(C), inserted before period at end ‘‘or, in the case of a member of the Space Force on sustained duty, to accept release from sustained duty orders and to serve in a space force ac- tive status’’. Subsec. (g)(1)(A). Pub. L. 118–31, § 1722(d)(3)(D), sub- stituted ‘‘chapter 36, 1405, or 2005’’ for ‘‘chapter 36 or 1405’’. 2022—Subsec. (f)(4)(A). Pub. L. 117–263, § 626(c)(1)(A), substituted ‘‘section 452’’ for ‘‘section 474’’. Subsec. (h)(4). Pub. L. 117–263, § 626(c)(1)(B), sub- stituted ‘‘section 453(f)’’ for ‘‘section 481f’’. 2021—Subsec. (c)(1). Pub. L. 116–283 substituted ‘‘an armed force’’ for ‘‘the armed force concerned’’. Subsec. (c)(3). Pub. L. 117–81 substituted ‘‘one month’’ for ‘‘two months’’. 2019—Subsec. (h)(3) to (5). Pub. L. 116–92 added pars. (3) to (5). § 711.1 Parental leave for members of certain re- serve components of the armed forces (a)(1) Under regulations prescribed by the Sec- retary of Defense, a member of a reserve compo- nent of the armed forces described in subsection (b) is allowed parental leave for a duration of up to 12 inactive-duty training periods, under sec- tion 206 of title 37, during the one-year period beginning after the following events: (A) the birth or adoption of a child of the member and to care for such child; or (B) the placement of a minor child with the member for adoption or long-term foster care. (2)(A) The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize leave described under subparagraph (A) 2 to be taken after the one- year period described in subparagraph (A) 2 in the case of a member described in subsection (b) who, except for this subparagraph, would lose unused parental leave at the end of the one-year period described in subparagraph (A) 2 as a result of— (i) operational requirements; (ii) professional military education obliga- tions; or (iii) other circumstances that the Secretary determines reasonable and appropriate. (B) The regulations prescribed under clause (i) 3 shall require that any leave authorized to be taken after the one-year period described in sub- paragraph (A) 2 shall be taken within a reason- able period of time, as determined by the Sec- retary of Defense, after cessation of the cir- cumstances warranting the extended deadline.; 4 (b) A member described in this subsection is a member of the Army, Navy, Marine Corps, Air Force, or Space Force who is a member of— (1) the selected reserve who is entitled to compensation under section 206 of title 37; or (2) the individual ready reserve who is enti- tled to compensation under section 206 of title 37 when attending or participating in a suffi- cient number of periods of inactive-duty train- ing during a year to count the year as a quali- fying year of creditable service toward eligi- bility for retired pay. (Added Pub. L. 118–31, div. A, title VI, § 601(a)(1), Dec. 22, 2023, 137 Stat. 288; amended Pub. L. 118–159, div. A, title VI, § 603(a), (b)(1), Dec. 23, 2024, 138 Stat. 1931.) AMENDMENT OF SECTION Pub. L. 118–159, div. A, title VI, § 603(a), (b)(1), (c), Dec. 23, 2024, 138 Stat. 1931, provided that, effective Oct. 1, 2025, this section is amended as follows: (1) in subsection (a)(2)— (A) by striking ‘‘subparagraph (A)’’ each place it appears and inserting ‘‘paragraph (1)’’; and (B) in subparagraph (B)— (i) by striking ‘‘clause (i)’’ and inserting ‘‘subparagraph (A)’’; and (ii) by striking ‘‘.;’’ and inserting a period; and (2) in subsection (b), in the matter preceding paragraph (1), by striking ‘‘is a member of the Army, Navy, Marine Corps, Air Force, or Space Force who’’. See 2024 Amendment notes below. RENUMBERING OF SECTION Pub. L. 118–159, div. A, title VI, § 603(b)(2), (c), Dec. 23, 2024, 138 Stat. 1931, provided that, effective Oct. 1, 2025, this section is renumbered section 710a of this title. Editorial Notes AMENDMENTS 2024—Subsec. (a)(2). Pub. L. 118–159, § 603(b)(1)(A), sub- stituted ‘‘paragraph (1)’’ for ‘‘subparagraph (A)’’ wher- ever appearing. Subsec. (a)(2)(B). Pub. L. 118–159, § 603(b)(1)(B), sub- stituted ‘‘subparagraph (A)’’ for ‘‘clause (i)’’ and a pe- riod for ‘‘.;’’ at end.