Service members earned their leave.
They should not have to forfeit it.
Two House-passed provisions end restrictions that deny service members of compensation.
Annual carryover cap
Earned leave above this line is forfeited at the end of each fiscal year — even when service made it impossible to actually use.
Lifetime sell-back cap
The most unused leave a service member can ever be paid for over an entire career.
What’s Special Leave Accrual?
Special Leave Accrual lets qualifying members keep up to 90 days when duties prevent leave. The principle is settled — the caps aren’t.
Provision 1 · Sec. 622
Amends 10 U.S.C. § 701(e)
Eliminate the leave carryover cap.
What it does: Removes the statutory cap on the earned leave a service member may carry from one fiscal year to the next.
Why it matters: Operational requirements routinely prevent service members from taking leave. Current law then puts everything above 60 days at risk of forfeiture — making the loss of an earned benefit the enforcement mechanism for using it.
Support
Reps. Ronny Jackson, Sara Jacobs, Jen Kiggans, and James Baird · AMVETS · Iraq and Afghanistan Veterans of America (IAVA)
Provision 2 · Sec. 622
Amends 37 U.S.C. § 501
Eliminate the lifetime sell-back cap.
What it does: Removes the lifetime limit on the amount of accrued leave for which a service member may receive payment.
Why it matters: The mission comes first, so the military may require a member to defer leave — and then the law caps how much of that unused leave can ever be sold back. The government can block an earned benefit and then limit compensation for it. That is a straightforward equity problem.
Support
Reps. Ryan Zinke, Derrick Van Orden, Max Miller, Cory Mills, James Moylan, Sanford Bishop, Darrell Issa, Don Bacon, and Don Davis
- Create additional leave. Accrual rates are unchanged.
- Guarantee time off. Mission requirements still govern.
- Override commanders. Leave approval stays with the chain of command.
Why?
If the service member earned the leave and the mission prevented its use, the government has no right to take it back.