§ 502. — Absences due to sickness, wounds, and certain other causes.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC502]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 9--LEAVE
Sec. 502. Absences due to sickness, wounds, and certain other
causes
(a) A member of the Army, Navy, Air Force, Marine Corps, 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 his 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 he would be entitled if he
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 he would be entitled if
he were not on leave, and to any additional allowances otherwise
provided by law for members on leave.
(b) Except as provided in subsection (a) and section 701(h) of title
10, a member who is authorized by the Secretary concerned, or his
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 his absence that is more than the
number of days' leave authorized by that section.
(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 482; Pub. L. 89-718,
Sec. 49(a)(1), Nov. 2, 1966, 80 Stat. 1121; Pub. L. 96-513, title V,
Sec. 516(15), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 99-661, div. A,
title V, Sec. 506(b), Nov. 14, 1986, 100 Stat. 3865; Pub. L. 102-25,
title VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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502(a)................................ 37:33(b) (1st and last sentences). Aug. 9, 1946, ch. 931, Sec. 4(b)
37:39 (less last proviso). (less 3d sentence); restated Aug.
4, 1947, ch. 475, Sec. 1 (2d
par., less 3d sentence), 61 Stat.
748.
37:32(f) (last 8 words). Aug. 9, 1946, ch. 931, Sec. 2(f)
(last 8 words), 60 Stat. 963.
502(b)................................ 37:33(b) (2d sentence). Aug. 17, 1949, ch. 452, Sec. 1
(less last proviso), 63 Stat. 611.
37:32(f) (last 8 words). Aug. 9, 1946, ch. 931, Sec. 2(f)
(last 8 words), 60 Stat. 963.
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In subsection (a), the words ``After August 31, 1946'', 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 December 28, 1945 (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''.
Amendments
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''.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-513 effective Dec. 12, 1980, 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 November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Section Referred to in Other Sections
This section is referred to in title 10 section 1201.
