For most people, celebrating a birthday each year is a given. But did you ever have one of those childhood friends who was born on February 29 — aka “leap day”?
If you did, you’ll recall that we teased these so-called “Leaplings” or “Leapers” endlessly for only turning three when the rest of us were turning the ripe old age of 12.
And, if you’ve stayed in touch with your childhood friends, as I have, you’ll recognize those same people as the ones who now gleefully report that they’ve just turned 12 when you’re encroaching on 50 more quickly than you’d like. Sigh.
Being born on February 29 is a rare phenomenon that can only occur once every four years — and only in years divisible by four (with some exceptions; 2100 will not be a leap year, for example).
With just a 1 in 1,461 chance of being born on February 29, some might even consider the birthday to be a lucky one. That said, it is also a birth date that has led lawmakers and courts to grapple with the question: When does a Leaper officially age in non-leap years?
This is more than just a fun curiosity. It can have real legal consequences, particularly when it comes to age-restricted rights such as voting, drinking, signing contracts, or even criminal responsibility.
Why does February 29 exist?
Before we talk about the legal ramifications of February 29 birthdays, let’s talk about why the day even exists in the first place. Turns out it’s all about science.
The leap year system was introduced to correct the slight misalignment between the 365-day calendar year and the Earth’s actual orbit around the sun, which takes approximately 365.2422 days.
Without an extra day every four years, our seasons would slowly shift out of sync with the calendar.
The current leap year rule, set by the Gregorian calendar (adopted in 1582), ensures that years divisible by 100 are not leap years unless they are also divisible by 400.
For most people, these adjustments are of little concern. But for Leaplings, the absence of their birth date in three out of every four years leads to an unusual legal question: When do they reach a new age in non-leap years?
Why does age even matter, legally speaking?
Most laws define a person’s age based on the number of full years since their birthdate.
For example, having been born on the highly boring date of May 30, I earned the right to drive a car on May 30, exactly 16 years after I was born. I gained the right to vote and enter into contracts on May 30, precisely 18 years after I was born. I had my first legal beer on May 30, 21 years after I was born. And so on …
For those born on February 29, however, this presents a unique issue in non-leap years. February 29 simply doesn’t exist. This has the potential to create ambiguity when it comes to age-based rights and responsibilities, such as reaching the aforementioned legal privileges and milestones.
When does a Leaper have their birthday in the United States? The answer: it depends
In the United States, the official non-leap-year birthday for Leapers is one of those issues that seems to have been left up to the states. And while state legislatures have understandably given the issue spotty treatment, we can find some statutory references to use as guidance.
Here are some notable examples:
California: The California Government Code treats February 29 “and the day immediately preceding” as one day. Thus, in non-leap years, rights and privileges attached to age are granted on February 28.
Maine: In Maine, Leapers have to wait an extra day. That state’s regulatory scheme instructs that “a person born on February 29th is deemed to have been born on March 1st.”
Nevada: State statutes surrounding driver’s licenses deem February 28 as a Leaper’s official birthdate for licensing.
Oregon: Similarly, if a Leaper lives in Oregon and their driver’s license is set to expire, it will do so on February 29 during leap years but on February 28 during all the other years.
New York: In New York, the legislature has given special attention to contracts that might have trigger dates of February 29. In that case, “the added day of a leap year and the day immediately preceding shall, for the purpose of such computation, be counted as one day.” In other words, February 28 becomes the operative date in non-leap years.
Case law surrounding February 29 seems to have mostly centered on the issue of what constitutes a “year” or a “month” when it comes to leap years. It’s a fair question, especially when it comes to things like criminal sentencing.
After all, a year is 365 days long most of the time, but 366 days long in leap years. Is it fair for a criminal to have to spend an extra day in prison during a leap year?
It turns out that this is mostly a non-issue. In Mckinney v. The State of Texas, for example, the Court of Criminal Appeals determined that a “one month” sentence is really a “thirty day sentence.”
In other words, a person who is convicted and sentenced to “one month” or “one year” is really sentenced to 30 days or 365 days, respectively.
Legal milestones impacted by leap year birthdays
Although we’ve flagged many of these issues above, it is worth reiterating the various ways that one’s precise birthdate matters in the law. Here are the top issues in that regard.
Voting age (18 Years Old in the U.S.)
In the United States, a person can register to vote on their 18th birthday. This is a significant milestone with big consequences, particularly in years with hotly contested elections. Indeed, both the last (2020) and next (2028) leap years coincide with major election cycles in this country.
Legal drinking and smoking age (21 Years Old in the U.S.)
We all know that a person isn’t legally allowed to purchase (or consume) alcohol and tobacco until their 21st birthday. And while this may seem like a trivial milestone for many of us, try telling that to a college-aged person waiting to get into their first nightclub.
Criminal Liability and Juvenile Justice
When crimes are committed by young people, one issue that often arises is whether that person should be treated as an adult for purposes of sentencing.
Imagine the potentially different outcomes if a Leaper committed a crime on February 28 vs. March 1 of their 18th year.
Depending on their state’s treatment of the leap year rule, there could be major differences in sentencing and — frankly — life outcomes.
Possible legal reforms and future considerations
Although, as noted, many states have settled on February 28 or March 1 as the default “birthday” for Leapers, there is no reason for someone to have different birthdays depending on what state they’re in. Consequently, some suggest that:
- The U.S. should adopt a uniform federal rule to apply in all states and legal situations.
- Digital birth records and automated government systems should seamlessly resolve any ambiguities, making the issue moot.
- Criminal law and contracts should be routinely reviewed to ensure fairness in cases where an extra day might impact sentencing or contractual obligations.
As technology advances and legal systems become more automated, resolving leap-year birthday ambiguities may become easier. For now, however, Leaplings will just have to keep track of a mix of the various state laws that may impact their rare birthdate.
Just for fun
Not everything about being a Leaper has to have such serious consequences. These folks also get to enjoy some unique cultural traditions:
- Exclusive celebrations and stories: The Honor Society of Leap Year Day Babies (aka LeapYearDay.com) offers a special online community where Leaplings can share experiences and celebrate their rare birthdays together. There’s even a countdown calendar leading up to the next leap day (February 29, 2028).
- Businesses offering special deals: Some restaurants, theme parks, and businesses offer discounts, free meals, or exclusive perks to those born on February 29.
- Leap year weddings & proposals: In some cultures, leap years are considered lucky for engagements and weddings. Indeed, in Ireland, tradition dictates that women can propose to men on February 29 without it being seen as unusual.
These traditions help make up for the fact that most Leaplings only get a “real” birthday once every four years.
Conclusion
For most people, birthdays don’t present any legal complications. But for those born on February 29, the question of when they officially age in non-leap years can have meaningful consequences.
From voting rights to criminal liability, the legal system has had to adapt in sometimes inconsistent ways.
While most states have settled on February 28 or March 1 as a workaround, variations in the law can still create confusion.
As digital records and automated systems become more prevalent, future reforms may offer a more standardized approach.
Until then, Leapers will just have to abide by the quirks of their rare birthday — celebrating whenever the law (or their personal preference) allows.
