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22 U.S.C. § 4083Required leave

submitted 46 years ago by Pub. L. 96-465 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 283 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section authorizes, and in some cases requires, leave for U.S.-citizen Service members after specified periods of continuous overseas service. It also sets where the leave may occur and allows assigned Department work during it.

(a) Service and timing. The Secretary may order a U.S.-citizen Service member, other than a member employed under section 3951, to take leave under section 6305 of title 5 after 12 months of continuous service abroad. The Secretary must order such leave as soon as possible after 3 years of continuous overseas service. (b) Location. The leave may be taken in the United States or its territories, including American Samoa, Puerto Rico, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands. If the member is ordered to an unaccompanied post and family members live apart at authorized locations outside the United States, the member may take leave where those family members live, despite section 10305 of title 5. (c) Work during leave. While on ordered leave, the member remains available for work or duties in the Department or elsewhere that the Secretary directs. Time spent doing that work or those duties does not count as leave.
the actual law source: uscode.house.gov ↗public domain
(a) Criteria; length of continuous service

The Secretary may order a member of the Service (other than a member employed under section 3951 of this title) who is a citizen of the United States to take a leave of absence under section 6305 of title 5 (without regard to the introductory clause of subsection (a) of that section), upon completion by that member of 12 months of continuous service abroad. The Secretary shall order on such a leave of absence a member of the Service (other than a member employed under section 3951 of this title) who is a citizen of the United States as soon as possible after completion by that member of 3 years of continuous service abroad.

(b) Place leave may be taken

Leave ordered under this section may be taken in the United States or its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. In cases in which a member of the Service has official orders to an unaccompanied post and in which the family members of the member reside apart from the member at authorized locations outside the United States, the member may take the leave ordered under this section where that member’s family members reside, notwithstanding section 10305 of title 5.

(c) Availability for work or duties in Department

While on a leave of absence ordered under this section, the services of any member of the Service shall be available for such work or duties in the Department or elsewhere as the Secretary may prescribe, but the time of such work or duties shall not be counted as leave.

Source credit: (Pub. L. 96–465, title I, § 903, Oct. 17, 1980, 94 Stat. 2127; Pub. L. 103–236, title I, § 180(a)(8), Apr. 30, 1994, 108 Stat. 416; Pub. L. 109–234, title I, § 1602(d)(2), June 15, 2006, 120 Stat. 442; Pub. L. 110–321, § 2(2), Sept. 19, 2008, 122 Stat. 3535; Pub. L. 117–81, div. E, title LIII, § 5305, Dec. 27, 2021, 135 Stat. 2362.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-465 · 94 Stat. 2127
  • 1994Amended · Pub. L. 103-236 · 108 Stat. 416
  • 2006Amended · Pub. L. 109-234 · 120 Stat. 442
  • 2008Amended · Pub. L. 110-321 · 122 Stat. 3535
  • 2021Amended · Pub. L. 117-81 · 135 Stat. 2362

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-465 on 1980-10-17.

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