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

(a)(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:

(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 obligations; 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 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

(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 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 ; 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), substituted "paragraph (1)" for "subparagraph (A)" wherever appearing.

Subsec. (a)(2)(B). Pub. L. 118–159, §603(b)(1)(B), substituted "subparagraph (A)" for "clause (i)" and a period for ".;" at end.

Subsec. (b). Pub. L. 118–159, §603(a), struck out "is a member of the Army, Navy, Marine Corps, Air Force, or Space Force who" after "described in this subsection" in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 2024 Amendment

Pub. L. 118–159, div. A, title VI, §603(c), Dec. 23, 2024, 138 Stat. 1931 , provided that:"The amendments made by this section [amending and renumbering this section] shall take effect on October 1, 2025."

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.