10 U.S.C. § 704
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- (a)Under regulations prescribed by the Secretary concerned, or his designated representative, leave may be taken by a member on a calendar-day basis as vacation or absence from duty with pay, annually as accruing, or otherwise.
- (b)Regulations prescribed under subsection (a) shall—
- (1)provide equal treatment of officers and enlisted members;
- (2)establish to the fullest extent practicable uniform policies for the several armed forces;
- (3)provide that leave shall be taken annually as accruing to the extent consistent with military requirements and other exigencies; and
- (4)provide for the determination of the number of calendar days of leave to which a member is entitled, including the number of calendar days of absence from duty or vacation to be counted or charged against leave.
- (c)
- (1)The Secretary concerned shall prescribe regulations to facilitate the granting of leave to a member of the armed forces under the jurisdiction of that Secretary in a case in which—
- (A)the leave is needed for the member to attend a hearing described in paragraph (2);
- (B)the member is not serving in or with a unit deployed in a contingency operation; and
- (C)the exigencies of military service (as determined by the Secretary concerned) do not otherwise require that such leave not be granted.
- (2)Paragraph (1) applies to a hearing that is conducted by a court or pursuant to an administrative process established under State law, in connection with a civil action—
- (3)In this subsection:
- (1)The Secretary concerned shall prescribe regulations to facilitate the granting of leave to a member of the armed forces under the jurisdiction of that Secretary in a case in which—