§ 711.¹ Parental leave for members of certain reserve components of the armed forces

1. (a)

   1. (1) Under regulations prescribed by the Secretary of Defense, a member of a reserve component of the armed forces described in subsection (b) is allowed parental leave for a duration of up to 12 inactive-duty training periods, under section 206 of title 37, during the one-year period beginning after the following events:

      1. (A) the birth or adoption of a child of the member and to care for such child; or
      2. (B) the placement of a minor child with the member for adoption or long-term foster care.

   2. (2)

      1. (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—

         1. (i) operational requirements;
         2. (ii) professional military education obligations; or
         3. (iii) other circumstances that the Secretary determines reasonable and appropriate.
      2. (B) The regulations prescribed under clause (i) ³ shall require that any leave authorized to be taken after the one-year period described in subparagraph (A) ² shall be taken within a reasonable period of time, as determined by the Secretary of Defense, after cessation of the circumstances warranting the extended deadline.; ⁴

2. (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. (1) the selected reserve who is entitled to compensation under section 206 of title 37; or
   2. (2) the individual ready reserve who is entitled to compensation under section 206 of title 37 when attending or participating in a sufficient number of periods of inactive-duty training during a year to count the year as a qualifying year of creditable service toward eligibility for retired pay.

(Added Pub. L. 118–31, div. A, title VI, § 601(a)(1), Dec. 22, 2023, 137 Stat. 288.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 118–31, div. A, title VI, § 601(e), Dec. 22, 2023, 137 Stat. 289, provided that:

“This section [enacting this section and amending

section 12732 of this title,

section 206 of Title 37, Pay and Allowances of the Uniformed Services, and provisions set out as a note under

section 12732 of this title] and the amendments made by this section shall take effect on

October 1, 2024, and apply with respect to periods of parental leave that commence on or after such date.”

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.