US Code

Public Law 119-102 (07/12/2026)

42 U.S.C. § 210–1

Annual and sick leave

Section text and notes

(a)

Regulations

1

1 So in original.
In accordance with regulations of the President, commissioned officers of the Regular Corps and officers of the Ready Ready  Reserve Corps on active duty may be granted annual leave and sick leave without any deductions from their pay and allowances.

(b)

Limitation

The regulations described in subsection (a) may authorize accumulated annual leave of not more than 120 days for any commissioned officer of the Regular Corps or officer of the Ready Reserve Corps on active duty.

(c)

2
2 See 1962 Amendment note for subsec. (d) below.
  Definitions

For purposes of this section the term “accumulated annual leave” means unused accrued annual leave carried forward from one leave year into a succeeding leave year, and the term “accrued annual leave” means the annual leave accruing to an officer during one leave year.

July 1, 1944, ch. 373 Aug. 9, 1950, ch. 654, § 2 64 Stat. 426 Pub. L. 87–649, § 14b76 Stat. 499 Pub. L. 96–76, title III, § 31193 Stat. 586 Pub. L. 116–136, div. A, title III, § 3214(e)(3)134 Stat. 373 Pub. L. 117–328, div. FF, title II, § 2225(a)136 Stat. 5750 (, title II, § 219, as added , ; amended , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 117–328, § 2225(a)(1)Provided2022—Subsec. (a). , substituted “Ready Reserve Corps” for “Reserve Corps” and struck out “: , That such regulations shall not authorize annual leave to be accumulated in excess of sixty days” after “allowances”.

Pub. L. 117–328, § 2225(a)(2)Subsec. (b). , added subsec. (b).

Pub. L. 117–328, § 2225(a)(3)Subsecs. (c), (d). , redesignated subsec. (d) as (c).

Pub. L. 116–1362020—Subsec. (a). substituted “Ready Reserve Corps” for “Reserve Corps”.

Pub. L. 96–761979—Subsec. (c). , repealed subsec. (c) which set forth limitations on granting of annual leave under subsec. (a) of this section.

Pub. L. 87–649section 503 of Title 371962—Subsec. (b). repealed subsec. (b) which required forfeiture of all pay and allowances of an officer absent without leave. See , Pay and Allowances of the Uniformed Services.

Pub. L. 87–649section 501 of Title 37Subsec. (c). repealed last sentence which authorized a lump-sum payment for unused accumulated and accrued annual leave on date of separation, retirement, or release from active duty. See , Pay and Allowances of the Uniformed Services.

Pub. L. 87–649Subsec. (d). repealed subsec. (d) insofar as it was applicable to the last sentence of subsec. (c). See Amendment note above.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–328, div. FF, title II, § 2225(b)136 Stat. 5750

42 U.S.C. 210–1“The amendments made by subsection (a) [amending this section] shall apply with respect to accumulated annual leave (as defined in section 219 of the Public Health Service Act ()) that a commissioned officer of the Regular Corps or officer of the Ready Reserve Corps on active duty would, but for the regulations described in such section, lose at the end of fiscal year 2022 or a subsequent fiscal year.”
, , , provided that:

Effective Date of 1962 Amendment

Pub. L. 87–649section 15 of Pub. L. 87–649section 101 of Title 37Amendment by effective , see , set out as an Effective Date note preceding , Pay and Allowances of the Uniformed Services.

Effective Date

section 210 of this titleSection effective , see section 3(a) of act , set out as an Effective Date of 1950 Amendment note under .

Authorization To Accumulate Excess Annual Leave

Pub. L. 117–180, div. D, title III, § 302136 Stat. 2136

Public Law 116–15942 U.S.C. 210–1“For purposes of annual leave accumulated in fiscal year 2022, the authority provided in section 2106 of division C of ( note) shall apply to such leave by substituting ‘2022’ for ‘2020’ in subsections (a) and (d)(2).”
, , , provided that:

Pub. L. 116–159, div. C, title I, § 2106134 Stat. 729

“(a)

In General .—

42 U.S.C. 210–1Notwithstanding section 219 of the Public Health Service Act (), a commissioned officer of the Public Health Service who, except for this section, would lose at the end of the fiscal year 2020 accumulated annual leave in excess of 60 days, may retain such amounts of accumulated annual leave in excess of 60 days.
“(b)

Use of Excess Leave .—

Annual leave retained pursuant to subsection (a) shall be lost unless it is used by the officer no later than .
“(c)

Applicability .—

This section shall not apply to an officer on terminal leave preceding separation, retirement, or release from active duty, as of the effective date specified in subsection (d).
“(d)

Effective Date .—

This section shall become effective on the earlier of—
“(1)
the date of the enactment of this Act []; or
“(2)
.”
, , , provided that:

Compensation for Prior Accumulated and Accrued Leave; Limitation; Inapplicable to Officers on Terminal Leave Prior to

Act Aug. 9, 1950, ch. 654, § 3(b) 64 Stat. 426 , (c), , 427, provided that any officer credited with more than sixty days of accumulated and accrued leave on , be compensated for so much of such leave as exceeds sixty days, that such compensation be due and payable on , and that the provisions of this Act not apply to any officer on terminal leave preceding separation, retirement, or release from active duty.

Availability of Funds

Act Aug. 9, 1950, ch. 654, § 4 64 Stat. 427 , , provided for the availability of funds for payment of compensation for prior accumulated and accrued leave for any officer under section 3 of this Act.

Leave Regulations

Act Aug. 9, 1950, ch. 654, § 5 64 Stat. 427

section 210 of this titlesection 210 of this title42 U.S.C. 201“Except insofar as the provisions of this Act [enacting this section, amending , and enacting provisions set out as notes under this section and ] are inconsistent therewith, leave regulations adopted prior to the enactment of this Act [], pursuant to the Public Health Service Act [ et seq.], shall remain in effect until repealed, amended, or superseded.”
, , provided that:

Executive Documents

Transfer of Functions

80 Stat. 1610 section 202 of this titleFunctions of Public Health Service, of Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. , 31 F.R. 8855, , set out as a note under .

Delegation of Functions

section 202 of this titleFunctions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, , 29 F.R. 1637, as amended, set out as a note under .