The Legalities of Leap Day: A Survey of Modern and Historical Jurisprudence
Blog Post | 108 KY. L. J. ONLINE | Feb. 25, 2020
The Legalities of Leap Day: A Survey of Modern and Historical Jurisprudence
Sean Meloney
Of the cartoonish realities we unquestioningly encounter in this world, the existence of a Leap Day is among the most delightfully absurd. Since 1852, astronomers have recognized that the Earth’s revolution around the sun requires 365 days plus an additional six hours.[1] Thus, in order to correct the calendar, every fourth year, an additional day is tacked on to the end of February as a leap day.[2] Although many have contemplated the effects that having a Leap Day birthday might have on one’s life and psyche[3], there exist a myriad of logistical and legal problems associated with this extra day as well.[4] In particular, the legal field frequently encounters complications caused by leap days in the calculation of statutes of limitation, criminal sentences, and age determination disputes.
In enforcing compliance with the Rules of Civil Procedure, courts generally apply one of two theories to calculating dates.[5] In applying the “calendar method,” some courts have held that years are measured as any consecutive 365-day period, regardless of the beginning and ending date.[6] Under this theory, a leap day acts to “shorten” a statute of limitations. Other courts have instead applied the “anniversary method,” which finds that “the last day for accomplishing an act is the anniversary date of the period’s commencement, which would make any one-year period encompassing a leap day 366 days.”[7] Thus, courts have found that leap days need not affect the calculation of interest rates[8], the time limit required for an appeal[9], or accrual of spousal survivorship benefits.[10]
In the criminal sentencing context, courts treat leap days with less flexibility. Generally, criminal sentencing abides strictly by the “anniversary method,” which finds that a year is a twelve month period commencing on the first day of the sentence and ending on the same day of the same month in the subsequent year.[11] Courts often refer to the language of sentencing being in years, rather than days, to rationalize the inclusion of leap days within the sentence.[12] However, in the case of Habibi v. Holder, the Ninth Circuit held that when a defendant is sentenced to a prison term of one year, the sentence is for 365 days, regardless of whether or not it takes place during a leap year.[13]
In regard to birthdates, although not confined to leap day birthdates, the common law rule was that a person attains majority on the day directly preceding his 21st birthday.[14] This rule did not just apply to reaching majority, but also to the calculation of age for purposes of levying poll taxes.[15] At present, this is the same rule used by the Social Security Administration to calculate the termination of a child’s insurance benefits.[16]
Nationally, little consistency exists among the courts’ treatment of leap days in both civil and criminal contexts. The Supreme Court has not addressed this issue since 1935, when it considered a case in admiralty about a failure to pay timely wages.[17] With over 10,000 babies anticipated to be born in the U.S.[18] and over 1,200 federal suits anticipated to be filed on this year’s leap day[19], the frequency of leap day issues will only grow in complexity and confusion until the Court provides clarity on how exactly we count a leap day.
[1] David Ewing Duncan, Calendar 17–22 (1998).
[2] Id.
[3] See United States v. Clements, 522 F.3d 790, 793 (7th Cir. 2008); Daniel Nester, The Leap-Day Baby’s Paradox, The Atlantic (February 29, 2016), https://www.theatlantic.com/entertainment/archive/2016/02/the-leaplings-birthday-paradox/470361/; Meg Bryant, ‘Leap Year Babies’ Still Face Medical Records Challenges, Health Care Dive (February 29, 2016), https://www.healthcaredive.com/news/leap-year-babies-still-face-medical-records-challenges/414660/; Lizzie Hedrick, Happy Leap Day: The Fun and Folly of Having a Birthday Every Four Years, USC News (February 29, 2016), https://news.usc.edu/92431/happy-leap-day-the-fun-and-folly-of-having-a-birthday-every-four-years/.
[4] Michelle McQuigge, The Hassles of Being a Leap Year Baby, Global News (February 25, 2016), https://globalnews.ca/news/2539442/the-hassles-of-being-a-leap-year-baby/.
[5] Fields v. Expedited Logistics Sols. LLC, No. 5:16-cv-00728-JMC, 2016 U.S. Dist. LEXIS 170606, at *8–9 (D.S.C. Dec. 9, 2016).
[6] Id.
[7] Id.
[8] In re Oil Spill by Amoco Cadiz off the Coast of Fr. on Mar. 16, 1978 v. Amoco Transp. Co., 4 F.3d 997 (Table) (7th Cir. 1993).
[9] Rice v. Blair, 166 S.W. 180 (Ky. 1914).
[10] Albertson v. Apfel, 247 F.3d 448, 449 (2nd Cir. 2001).
[11] Yokley v. Belaski, 982 F.2d 423, 424–25 (10th Cir. 1992).
[12] Commonwealth v. Melo, 843 N.E.2d 659, 661 (Mass. App. Ct. 2006).
[13] Habibi v. Holder, 673 F.3d 1082, 1088 (9th Cir. 2010).
[14] United States v. Wright, 197 F. 297, 298 (8th Cir. 1912); Thomas v. Couch, 156 S.E. 206 (Ga. 1930); Nelson v. Sandkamp, 34 N.W.2d 640, 642 (Minn. 1948).
[15] Frost v. State, 45 So. 203, 204 (Ala. 1907).
[16] 20 C.F.R. § 404.2(c)(4) (2018); SSR 63-15, 1960–1974 Soc. Sec. Rep. Serv. 128.
[17] McCrea v. United States, 294 U.S. 382 (1935).
[18] Joyce Martin et al., Births: Final Data for 2018, 68 National Vital Statistics Reports 1 (November 27, 2019), https://www.cdc.gov/nchs/data/nvsr/nvsr68/nvsr68_13-508.pdf.
[19] Federal Judicial Caseload Statistics 2018, https://www.uscourts.gov/statistics-reports/federal-judicial-caseload-statistics-2018 (last visited Feb. 25, 2020).