Title 37 — Pay and Allowances of the Uniformed Services
Chapter 9 — Leave
§ 502. Absences due to sickness, wounds, and certain other causes
Statutory text
A member of the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, or National Oceanic and Atmospheric Administration, who is absent because of sickness or wounds, or who is directed by the Secretary concerned, or the Secretary’s designated representative, to be absent from duty to await orders pending disability retirement proceedings for a period that is longer than the leave authorized by section 701 of title 10, is entitled to the pay and allowances to which the member would be entitled if the member were not so absent. A member who is absent with leave for any other reason for not longer than the leave authorized by that section is entitled to the same pay and allowances to which the member would be entitled if the member were not on leave, and to any additional allowances otherwise provided by law for members on leave.
Except as provided in subsection (a) and section 701(g) of title 10, a member who is authorized by the Secretary concerned, or the Secretary’s designated representative, to be absent for a period that is longer than the leave authorized by section 701 of title 10 is not entitled to pay or allowances during the part of the member’s absence that is more than the number of days’ leave authorized by that section. Nothing in this subsection may be construed to deprive a member, detailed or assigned by the Secretary concerned as a full-time student at a civilian institution to pursue a program of education that is substantially the same as a program of education offered to civilians, of pay or allowances to which such member is entitled.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 87–649 · 76 Stat. 451
Enacted · 37 U.S.C. § 502
Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 482
Source evidence
Code source credit
Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 482Pub. L. 89–718 § 49(a)(1) · 80 Stat. 1113
Substituted · 37 U.S.C. § 502(a)
Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey”.Enacted provision · exact public law section
(1) Sections 101(3) and (5)(E) 201 (third column of table), 76 Stat. 451. 205(a)(5), 403(e), 501 (b) and (e), 502(a), 503, 706 (catchline and text), 801(c), and 1001 (b) are each amended by striking out “Coast and Geodetic Survey” and inserting in place thereof “Environmental Science Services Administration”.Defense Officer Personnel Management Act
Pub. L. 96–513 title V § 516(15) · 94 Stat. 2835
Substituted · 37 U.S.C. § 502(a)
Pub. L. 96–513 substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 96–513 substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”.Enacted provision · exact public law section
(15) Sections 502(a) and 503 are amended by striking out “Environmental Science Services Administration” and inserting in lieu thereof “National Oceanic and Atmospheric Administration”.Department of Defense Authorization Act, 1987
Pub. L. 99–661 div. A title V § 506(b) · 100 Stat. 3816
Inserted · 37 U.S.C. § 502(b)
Pub. L. 99–661 inserted “and section 701(h) of title 10”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–661 inserted “and section 701(h) of title 10”.Enacted provision · exact public law section
(b) Authorization for Pay and Allowances for Carried Over Excess Leave.— Section 502(b) of title 37, United States Code, is amended by inserting “and section 701(h) of title 10” after “subsection (a) of this section”.Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991
Pub. L. 102–25 title VII § 702(b)(1) · 105 Stat. 75
Struck · 37 U.S.C. § 502(b)
Pub. L. 102–25 struck out “of this section” after “subsection (a)”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 102–25 struck out “of this section” after “subsection (a)”.Enacted provision · exact public law section
(1) by striking out “of this section” each place it appears (other than as provided in subsection (c));William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 925(g)(3)(B)(i) · 134 Stat. 3388
Substituted · 37 U.S.C. § 502(a)
Pub. L. 116–283, § 925(g)(3)(B)(i), (ii), substituted “the Secretary’s designated representative” for “his designated representative”
Substituted · 37 U.S.C. § 502(a)
Pub. L. 116–283, § 925(g)(3)(B)(i), (ii), substituted “the member” for “he” wherever appearing
Source evidence
Code amendment note
Subsec. (a). Pub. L. 116–283, § 925(g)(3)(B)(i), (ii), substituted “the Secretary’s designated representative” for “his designated representative” and substituted “the member” for “he” wherever appearing.Enacted provision · exact public law section
(i) by striking “his designated representative” each place it appears and inserting “the Secretary’s designated representative”;William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 925(g)(1)(B) · 134 Stat. 3388
Changed · 37 U.S.C. § 502(a)
Pub. L. 116–283, § 925(g)(1)(B), which directed insertion of “Space Force,” after “Marines Corps,”, was executed by making the insertion after “Marine Corps,” to reflect the probable intent of Congress
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–283, § 925(g)(1)(B), which directed insertion of “Space Force,” after “Marines Corps,”, was executed by making the insertion after “Marine Corps,” to reflect the probable intent of Congress.Enacted provision · exact public law section
(B) Section 502(a).William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 925(g)(3)(B)(i) · 134 Stat. 3388
Substituted · 37 U.S.C. § 502(b)
Pub. L. 116–283, § 925(g)(3)(B)(i), (iii), substituted “the Secretary’s designated representative” for “his designated representative”
Substituted · 37 U.S.C. § 502(b)
Pub. L. 116–283, § 925(g)(3)(B)(i), (iii), substituted “the member’s” for “his”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 116–283, § 925(g)(3)(B)(i), (iii), substituted “the Secretary’s designated representative” for “his designated representative” and “the member’s” for “his”.Enacted provision · exact public law section
(i) by striking “his designated representative” each place it appears and inserting “the Secretary’s designated representative”;James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Pub. L. 117–263 div. A title VI § 631(c)(2)(B) · 136 Stat. 2395
Substituted · 37 U.S.C. § 502(b)
Pub. L. 117–263 substituted “section 701(g)” for “section 701(h)”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 117–263 substituted “section 701(g)” for “section 701(h)”.Enacted provision · exact public law section
(B) in section 502(b), by striking “section 701(h)” and inserting “section 701(g)”.Effective date note
Amendment by Pub. L. 117–232 effective Jan. 1, 2023, see section 631(d) of Pub. L. 117–263, set out as a note under section 701 of Title 10, Armed Forces.Pub. L. 118–159 div. A title V § 552(c) · 138 Stat. 1894
Inserted · 37 U.S.C. § 502(b)
Pub. L. 118–159 inserted at end “Nothing in this subsection may be construed to deprive a member, detailed or assigned by the Secretary concerned as a full-time student at a civilian institution to pursue a program of education that is substantially the same as a program of education offered to civilians, of pay or allowances to which such member is entitled.”
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b). Pub. L. 118–159 inserted at end “Nothing in this subsection may be construed to deprive a member, detailed or assigned by the Secretary concerned as a full-time student at a civilian institution to pursue a program of education that is substantially the same as a program of education offered to civilians, of pay or allowances to which such member is entitled.”
10 of 12 references resolved to an enrolled provision · 1 partial · 1 unresolved
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 502(a) | 37:33(b) (1st and last sentences).37:39 (less last proviso). | Aug. 9, 1946, ch. 931, § 4(b) (less 3d sentence); restated Aug. 4, 1947, ch. 475, § 1 (2d par., less 3d sentence), 61 Stat. 748. |
| 37:32(f) (last 8 words). | Aug. 9, 1946, ch. 931, § 2(f) (last 8 words), 60 Stat. 963. | |
| 502(b) | 37:33(b) (2d sentence). | Aug. 17, 1949, ch. 452, § 1 (less last proviso), 63 Stat. 611. |
| 37:32(f) (last 8 words). | Aug. 9, 1946, ch. 931, § 2(f) (last 8 words), 60 Stat. 963. | |
In subsection (a), the words “After ”, in section 33(b) of existing title 37, are omitted as executed. The words “allowance or”, in section 33(b) of existing title 37, are omitted as surplusage. The last sentence of section 33(b) of existing title 37 is omitted as executed, since the Act of (59 Stat. 663) was repealed by section 506(g) of the Officer Personnel Act of 1947 (61 Stat. 892).
In subsections (a) and (b), the words “, or his designated representative,” are substituted for the last 8 words of section 32(f) of existing title 37.
In subsection (b), the words “Except as provided in subsection (a) of this section” are inserted for clarity. The words “the part of his absence that is more than the number of days’ leave authorized by that section” are substituted for the words “such absence”.
Editorial Notes
Amendments1966–2024 · 7 rounds
2024
Subsec. (b). Pub. L. 118–159 inserted at end “Nothing in this subsection may be construed to deprive a member, detailed or assigned by the Secretary concerned as a full-time student at a civilian institution to pursue a program of education that is substantially the same as a program of education offered to civilians, of pay or allowances to which such member is entitled.”
2022
Subsec. (b). Pub. L. 117–263 substituted “section 701(g)” for “section 701(h)”.
2021
Subsec. (a). Pub. L. 116–283, § 925(g)(3)(B)(i), (ii), substituted “the Secretary’s designated representative” for “his designated representative” and substituted “the member” for “he” wherever appearing.
Pub. L. 116–283, § 925(g)(1)(B), which directed insertion of “Space Force,” after “Marines Corps,”, was executed by making the insertion after “Marine Corps,” to reflect the probable intent of Congress.
Subsec. (b). Pub. L. 116–283, § 925(g)(3)(B)(i), (iii), substituted “the Secretary’s designated representative” for “his designated representative” and “the member’s” for “his”.
1991
Subsec. (b). Pub. L. 102–25 struck out “of this section” after “subsection (a)”.
1986
Subsec. (b). Pub. L. 99–661 inserted “and section 701(h) of title 10”.
1980
Subsec. (a). Pub. L. 96–513 substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”.
1966
Subsec. (a). Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey”.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by Pub. L. 117–232 effective , see section 631(d) of Pub. L. 117–263, set out as a note under section 701 of Title 10, Armed Forces.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513 effective , see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.
Credits
1962–2024 · 8 acts
- 1962Pub. L. 87–649, , 76 Stat. 482
- 1966Pub. L. 89–718, § 49(a)(1), , 80 Stat. 1121
- 1980Pub. L. 96–513, title V, § 516(15), , 94 Stat. 2939
- 1986Pub. L. 99–661, div. A, title V, § 506(b), , 100 Stat. 3865
- 1991Pub. L. 102–25, title VII, § 702(b)(1), (c), , 105 Stat. 117
- 2021Pub. L. 116–283, div. A, title IX, § 925(g)(1)(B), (3)(B), , 134 Stat. 3827, 3828
- 2022Pub. L. 117–263, div. A, title VI, § 631(c)(2)(B), , 136 Stat. 2631
- 2024Pub. L. 118–159, div. A, title V, § 552(c), , 138 Stat. 1894.
Show as published
(Pub. L. 87–649, , 76 Stat. 482; Pub. L. 89–718, § 49(a)(1), , 80 Stat. 1121; Pub. L. 96–513, title V, § 516(15), , 94 Stat. 2939; Pub. L. 99–661, div. A, title V, § 506(b), , 100 Stat. 3865; Pub. L. 102–25, title VII, § 702(b)(1), (c), , 105 Stat. 117; Pub. L. 116–283, div. A, title IX, § 925(g)(1)(B), (3)(B), , 134 Stat. 3827, 3828; Pub. L. 117–263, div. A, title VI, § 631(c)(2)(B), , 136 Stat. 2631; Pub. L. 118–159, div. A, title V, § 552(c), , 138 Stat. 1894.)