VETS-4212 — Important definitions

What constitutes a government contract?

A government contract is any agreement for the purchase, sale, or use of personal or non-personal services (including construction) between any person and a department, agency, or establishment of the United States.

Who counts as an employee?

For the purposes of VETS-4212 reporting, the term "employee" means any individual on the payroll of an employer who is an employee for purposes of the employer’s withholding of Social Security taxes (except insurance sales agents who are considered to be employees for such purposes solely because of the provisions of 26 U.S.C. 3121(d)(3)(B)), including part-time and leased employees.

The term “Employee” does not include persons who are hired on a casual basis for a specific job (e.g., persons at a construction site whose employment relationship is expected to terminate with the end of the employee’s work at the site); persons employed temporarily in an industry other than construction who are hired through a hiring hall or some other referral arrangement; or persons on the payroll of an employment agency who are referred by such agency for work to be performed on the premises of another employer under that employer’s direction and control, as provided in 41 CFR 61-300.2(b)(5).

Who counts as a "new hire"?

A "New Hire" is a regular full-time or part-time employee who is hired and included in the payroll for the first time during the reporting period. The VETS-4212 reporting period is considered to be the 12-month period preceding the ending date of the selected payroll period, which is between July 1 and August 31 of the filing year, or the 12-month period preceding December 31 of the previous year.

What is an establishment?

An establishment, or hiring location, is an economic unit that produces goods or services, such as a factory, office, store, or mine. Typically, an establishment is a single physical location that conducts one type of economic activity. Units at different locations, even though engaged in the same kind of business operation, should be reported as separate establishments.

Employers required to file the VETS-4212 Report must file a completed report for its establishment. Multiple establishment employers with more than one hiring location must file a VETS-4212 Report for the headquarters office and for each establishment. If the multiple establishment hiring locations within a state employ fewer than 50 persons, the employer can file separate reports for each location, or state consolidated reports that cover all hiring location establishments within one state.

Note that company-wide consolidated reports, such as those required by EEO-1 reporting procedures are not required for either the VETS-4212 Report.

Who are considered to be “recently separated veterans” for filing a VETS-4212 Report?

“Recently separated veterans” are individuals who served on active duty in the U.S. military, ground, naval, or air service during the three-year period beginning on the date of each such veteran’s discharge or release from active duty. Recently separated veterans will be counted in the "Number of Employees" and/or the "New Hires" section of the VETS-4212 Report accordingly. A complete description of this veteran category can be found in regulation 41 CFR 61-300.