We hear you, leapers and leaplings!
How Leap Year and the Law co-exist, and more…
What is a Leap Year?
As the new year flies by, 2024’s February greets us with a unique surprise because it is a Leap Year! This astronomical phenomenon, on occasion, poses fascinating questions and sparks complex debates on how the law should accommodate it. Leap Year is a year with an extra day added to the calendar year. The purpose of this inclusion is to synchronize the seasonal and astronomical calendars. The duration of a year, according to the seasonal calendar, consists of 365 days. However, its length, according to the astronomical calendar is around 365.25 days. To synchronize these two calendars, every four years, a Leap Year occurs, adding an extra day (the 29th of February) to the calendar. Following this pattern, the next predicted Leap Year will be in 2028.
Why is Leap Year Important in Law?
Leap Year, as interpreted by the law, has shed light on problems identified in the practices that surround computing contracts, determining limitation statutes, and criminal sentencing. Leap Year has implications for the setting and meeting of deadlines, as well as the planning and following through with timeline processes (e.g., court dates, trials, legal counsel, etc.). Although the debates about this phenomenon can get a bit heady (for example, one must establish what time itself is, in a legal sense), Leap Year has not been particularly disruptive to the goings on of the law (Thomas Reuters, 2020).
Some noteworthy cases where the topic presents itself include:
In this 2011 case, a man (Habibi, the petitioner) was previously convicted of Battery of a Current or Former Significant Other. In the state of California, this conviction is considered an “aggravated felony,” and for it, he was sentenced to one year in jail, defined specifically as 365 days. After serving his sentence, the Department of Homeland Security served Habibi with a Notice to Appear because his California conviction of “aggravated felony” made him both a “deportable alien,” and ineligible to apply for a Cancellation of Removal, according to 8 U.S.C. § 1227. In Habibi v. Holder, Habibi argued for a Cancellation of Removal on the basis that he served his one-year sentence during a leap year, and therefore was imprisoned for 366 days, rather than 365, which was different from the punishment for an “aggravated felony.” On that basis, he argued that he did not serve a penalty for “aggravated felony,” and therefore could not be penalized under 8 U.S.C. § 1227. The courts ultimately rejected this argument, but it was an important moment when the courts had to decide on the legal significance of a Leap Year!
In this case, the court addressed a motion for summary judgment where the defendant claimed that the plaintiff’s negligence action was time-barred due to a one-day delay in delivering the complaint. The negligence action was filed in relation to a motor vehicle accident in 2014. The plaintiff argued that, during a leap year like 2016, the definition of a “year” allows for delivery on the 366th day. The defendant contended that the law does not grant an extra day for a leap year in the computation of the statute of limitations. The crucial question surrounds the impact of a leap year on filing timeliness under Connecticut’s General Statutes §52-584. At the end of the trial, the court determined that the 29th day in the month of February, during a leap year, is to be counted with the 28th day of February of the same leap year, unless expressed otherwise (Doran, 2024). Thus, the courts ultimately ruled in favor of the plaintiff, agreeing that the plaintiff’s negligence action was filed on time.
How Does the Leap Year Affect You?
Not every state has the same procedures for dealing with leap years and their consequences for due dates and the like. For instance, some states have statutes that explicitly express which dates are to be used. Also, some states exclude birthdates when it comes to the age computation. In this case, March 1 is the date the “leaper” turns 18 or 21. If a state includes the day, then February 28 is the date. To be sure of how and which leap year laws apply to you, check whether your designated state computes birthdays by “Common Law” or by “Birthday Law” (Massachusetts Gov). To verify how Leap Year and the law affect you, be sure to check out the American Law Reports article for a state-by-state list on-site at our library today!
