Veteran’s Employment and Training Services (VETS)

Scope

By law (Title 5 USC, Section 2108), veterans who are disabled or who serve on active duty in the Armed Forces during certain specified time periods or in military campaigns are entitled to preference over non-veterans both in Federal hiring practices and in retention during reductions in force (RIF). Preference applies in hiring from civil service examinations, for most excepted service jobs, and when agencies make temporary appointments or use direct hire and delegated examining authorities from the U. S. Office of Personnel Management (OPM).

Regulatory citations

• 20 CFR 1000 - 1099 — Employee Benefits.
• 41 CFR 61-100 — Public Contracts and Property Management.

Key definitions

• None

Summary of requirements

Since the time of the Civil War, veterans of the Armed Forces have been given some degree of preference in appointments to Federal jobs. Recognizing that sacrifices are made by those serving in the Armed Forces, Congress enacted laws to prevent veterans seeking Federal employment from being penalized because of the time spent in the military service.

Federal preference. Hiring preference does not have as its goal the placement of a veteran in every vacant federal job; this would be incompatible with the merit principle of public employment. Nor does it apply to promotions or other in-service actions. Preference does, however, provide a uniform method by which special consideration is given to qualified veterans seeking federal employment.

The Department of Labor’s (DOL’s) Office of the Assistant Secretary for Policy (OASP) and VETS developed an “expert system” to help veterans receive the preferences to which they are entitled. This system is designed to help veterans determine the type of preference to which they are entitled, the benefits associated with the preference and the steps necessary to file a complaint due to the failure of a federal agency to provide those benefits.

USERRA. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA, Title 38 U.S. Code, Chapter 43, Sections 4301-4333, Public Law 103-353), applies to virtually all employers, including the federal Government.

USERRA is intended to minimize the disadvantages to an individual that occur when that person needs to be absent from civilian employment to serve in this country’s uniformed services. It entitles employees to return to their civilian jobs after performing military service.

The law is intended to encourage non-career uniformed service so that America can enjoy the protection of those services, staffed by qualified people, while maintaining a balance with the needs of private and public employers who also depend on these same individuals.

USERRA potentially covers every individual in the country who wishes to serve in the uniformed services, or serves in or has served in the uniformed services, and applies to all employers in the public and private sectors, including federal employers. The law seeks to ensure that those who serve their country can retain their civilian employment and benefit, and can seek employment free from discrimination because of their service. USERRA provides enhanced protection for disabled veterans, requiring employers to make reasonable efforts to accommodate the disability. USERRA is administered by the United States DOL, through the VETS.