VETS Fact Sheet 1
Employment Services for Veterans
The Department of Labor's Veterans' Employment and Training Service (VETS),
through cooperative efforts with, and grants to, each state, offers employment
and training services to eligible veterans through two principal programs:
Disabled Veterans' Outreach Program.
Local Veterans' Employment Representatives Program.
Disabled Veterans' Outreach Program
Disabled Veterans' Outreach Program (DVOP) specialists develop job and training
opportunities for veterans, with special emphasis on veterans with service-
connected disabilities. DVOP specialists provide direct services to veterans
enabling them to be competitive in the labor market. They provide outreach and
offer assistance to disabled and other veterans by promoting community and
employer support for employment and training opportunities, including apprenticeship and on-the-job training.
DVOP specialists work with employers, veterans' organizations, the Department of
Veterans' Affairs and Defense, and community-based organizations to link
veterans with appropriate jobs and training opportunities.
DVOP specialists serve as case managers for veterans enrolled in federally-
funded job training programs such as the Department of Veterans Affairs'
Vocational Rehabilitation program, and other veterans with serious disadvantages
in the job market. DVOP specialists are available to those veterans and their
employers to help ensure that necessary follow up services are provided to
promote job retention.
The Department of Labor provides grant funds to each state's employment service
to maintain DVOP specialist positions in the state. The staffing formula and
current appropriations level support about 1,400 DVOP specialists nationally.
DVOP specialists are employees of the state and are generally located in state
employment service offices. About one-quarter are stationed full- or part-time
in locations other than employment service offices.
DVOP specialists may be stationed at regional offices and medical or veterans'
Outreach centers of the Department of Veterans' Affairs, state or county
veterans' service offices, Job Training Partnership Act program offices,
community-based organizations, and military installations.
To contact a DVOP specialist, call or visit the nearest State Employment Service
(sometimes known as Job Service) agency listed in the State Government section
your phone book.
Local Veterans' Employment Representatives
Local Veterans' Employment Representatives (LVERs) are state employees located
in state employment service local offices to provide assistance to veterans by:
supervising the provision of all services to veterans furnished by employment
service employees, including counseling, testing, and identifying training and
employment opportunities;
monitoring job listings from federal contractors to see that eligible veterans
get priority in referrals to these jobs;
monitoring federal department and agency vacancies listed at local state
employment service offices and preliminary processing of complaints from
veterans about the observance of veterans' preference by Federal employers;
promoting and monitoring the participation of veterans in federally-funded
employment and training programs;
cooperating with the Department of Veterans' Affairs to identify and aid
veterans who need work-specific prosthetic devices, sensory aids or other
special equipment to improve their employability; and
contacting community leaders, employers, unions, training programs and veterans'
service organizations to be sure eligible veterans get the services to which
they are entitled.
Usually, one full-time LVER is allocated to local employment service offices for
each 1,100 or more veterans who registered for assistance in the preceding year.
One half-time LVER is allocated to offices at which at least 350 veterans
registered for help. This formula and the current appropriation level for the
program support about 1,300 LVERs employed nationwide. State Employment Service Agency management may deviate from the allocation formula in the actual
assignment of positions to specific locations.
For more information about Department of Labor employment and training programs
for veterans, contact the VETS office nearest you, listed in the phone book in
the United States Government under the Labor Department or visit our site:
http://www.dol.gov/vets/aboutvets/contacts/main.htm.
Fact Sheet VETS - 02
TRANSITION ASSISTANCE PROGRAM:
The Transition Assistance Program (TAP) was established to meet the needs of
separating service members during their period of transition into civilian
life by offering job-search assistance and related services.
The law creating TAP established a partnership between the Departments of
Defense, Veterans Affairs, Transportation and the Departments of Labor's
Veterans' Employment and Training Service (VETS), to give employment and
training information to armed forces members within 180 days of separation or
retirement.
TAP helps service members and their spouses make the initial transition from
military service to the civilian workplace with less difficulty and at less
overall cost to the government. An independent national evaluation of the
program estimated that service members who had participated in TAP, on
average, found their first post-military job three weeks sooner than those who
did not participate in TAP.
TAP consists of comprehensive three-day workshops at selected military
installations nationwide. Professionally-trained workshop facilitators from
the State Employment Services, military family support services, Department of
Labor contractors, or VETS' staff present the workshops.
Workshop attendees learn about job searches, career decision-making, current
occupational and labor market conditions, and resume and cover letter
preparation and interviewing techniques. Participants also are provided with
an evaluation of their employability relative to the job market and receive
information on the most current veterans' benefits.
Service members leaving the military with a service-connected disability are
offered the Disabled Transition Assistance Program (DTAP). DTAP includes the
normal three-day TAP workshop plus additional hours of individual instruction
to help determine job readiness and address the special needs of disabled
veterans.
Although experience shows that veterans generally enjoy a favorable employment
rate in the nation's job market, many veterans initially find it difficult to
compete successfully in the labor market. The TAP program addresses many
barriers to success and alleviates many employment related difficulties.
Fact Sheet VETS - 03
JOB RIGHTS FOR VETERANS AND RESERVE COMPONENT MEMBERS
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA
38 U.S.C. 4301-4333)
The Department of Labor, through the Veterans' Employment and Training Service
(VETS), provides assistance to all persons having claims under USERRA,
The Uniformed Services Employment and Reemployment Rights Act (USERRA)
clarifies and strengthens the Veterans' Reemployment Rights (VRR) Statute.
USERRA continues the protection of civilian job rights and benefits for
veterans and members of Reserve components. However, USERRA makes major
improvements in protecting service member rights and benefits by clarifying
the law, improving enforcement mechanisms, and providing Federal Government
employees with Department of Labor assistance in processing claims.
USERRA expands the cumulative length of time that an individual may be absent
from work for military duty and retain reemployment rights to five years (the
previous law provided four years of active duty, plus an additional year if it
was for the convenience of the Government). There are important exceptions to
the five-year limit, including initial enlistments lasting more than five
years, periodic National Guard and Reserve training duty, and involuntary
active duty extensions and recalls, especially during a time of national
emergency. USERRA clearly establishes that reemployment protection does not
depend on the timing, frequency, duration, or nature of an individual's
service as long as the basic eligibility criteria are met.
USERRA provides enhanced protection for disabled veterans, requiring employers
to make reasonable efforts to accommodate the disability. Service members
convalescing from injuries received during service or training may have up to
two years to return to their jobs.
USERRA provides that returning service-members are reemployed in the job that
they would have attained had they not been absent for military service (the
long-standing "escalator" principle), with the same seniority, status and pay,
as well as other rights and benefits determined by seniority. However, USERRA
also requires that reasonable efforts (such as training or retraining) be made
to enable returning service members to refresh or upgrade their skills to help
them qualify for reemployment. The law clearly provides for alternative
reemployment positions if the service member cannot qualify for the
"escalator" position.
USERRA also reaffirms and clarifies that while an individual is performing
military service, he or she is deemed to be on a furlough or leave of absence
and is entitled to the non-seniority rights accorded other individuals on non-military leaves of absence.
Health and pension plan coverage for service members is clarified under
USERRA. Individuals performing military duty of more than 30 days may elect to
continue employer sponsored health care for up to 18 months; however, they may
be required to pay up to 102 percent of the full premium. For military service
of less than 31 days, health care coverage is provided as if the service
member had remained employed. USERRA clarifies pension plan coverage by making
explicit that all pension plans are protected.
The period an individual has to make application for reemployment or report
back to work after military service is now based on time spent on military
duty; not on the category of service performed. For service of less than 31
days, the service member must return at the beginning of the next regularly
scheduled work period on the first full day after release from service, taking
into account safe travel home plus an eight-hour rest period. For service of
more than 30 days but less than 181 days, the service member must submit an application for reemployment within 14 days of release from service. For
service of more than 180 days, an application for reemployment must be
submitted within 90 days of release from service.
USERRA also requires that service members provide advance written or verbal
notice to their employers for all military duty unless giving notice is
impossible, unreasonable, or precluded by military necessity. Additionally,
service members are able (but are not required) to use accrued vacation or
annual leave while performing military duty.
The Department of Labor, through the Veterans' Employment and Training Service
(VETS) provides assistance to all persons having claims under USERRA,
including Federal and Postal Service employees.
If resolution is unsuccessful following an investigation, the service member
may have his or her claim referred to the Department of Justice for
consideration of representation in the appropriate District Court, at no cost
to the claimant. For the first time, if violations under USERRA are shown to
be willful, the court may award liquidated damages. Federal and Postal Service
employees may have their claims referred to the Office of Special Counsel for
consideration of representation before the Merit Systems Protection Board
(MSPB). Individuals who pursue their own claims in court or before the MSPB
may be awarded reasonable attorney and expert witness fees if they prevail.
Service member employees of intelligence agencies are provided similar
assistance through the agency's Inspector General.
Fact Sheet VETS - 04
Homeless Veterans' Reintegration Project
The purpose of The Homeless Veterans Reintegration Project (HVRP) is to
"expedite the reintegration of homeless veterans into the labor force." It was
authorized under Section 738 of the Stewart B. McKinney Homeless Assistance
Act in July 1987. Funds are awarded competitively to units of State or local
governments, Private Industry Councils, and nonprofit organizations.
Grantees provide an array of services directly and through linkages in the
local community. The program is employment focused and veterans receive the
employment and training services they need to reenter the labor market. Job
counseling, resume preparation, job development and placement are among the
services that may be provided. Supportive services such as clothing, shelter,
referral to medical or substance abuse treatment, and transportation
assistance are also provided to meet the needs of this target group. Since
its inception, HVRP has featured an outreach component using veterans who
themselves have experienced homelessness. In recent years this requirement was
modified to allow the projects to utilize formerly homeless veterans in other
positions where there is direct client contact if outreach was not needed
extensively, such as counseling, peer coaching, and intake and follow up.
The emphasis on helping homeless veterans get and retain jobs is enhanced
through linkages and coordination with veterans' services programs and
organizations such as the Disabled Veterans' Outreach Program and Local
Veterans' Employment Representatives in the State Employment Security/Job
Service Agencies or the newly instituted workforce development systems,
Workforce Investment Boards, One-Stop Centers, Veterans' Workforce Investment
Program, the American Legion, Disabled American Veterans, Veterans of Foreign
Wars and the Departments of Veterans' Affairs, Housing and Urban Development
and Health and Human Services.
Fact Sheet VETS - 05
VETERANS' WORKFORCE INVESTMENT PROGRAM (VWIP)
The statutory intent of the Workforce Investment Act, Section 168, Veterans'
Workforce Investment Programs, is to support employment and training programs,
through grants or contracts, program to meet the needs for workforce
investment activities of veterans with service-connected disabilities,
veterans who have significant barriers to employment, veterans who served on
active duty in the armed forces during a war or in a campaign or expedition
for which a campaign badge has been authorized, and recently separated
veterans.
The VWIP program is administered by the Office of the Assistant Secretary for
Veterans' Employment and Training (OASVET). The annual funding for Veterans'
Workforce Investment Programs (VWIP) is authorized through the budget and
appropriation processes. The Program Year (PY) 2000 (July 1, 2000 - June 30,
2001) funding level for these specialized veterans' employment and training
programs was $7.3 million. Most of the appropriated funds are used to support
two-year grants awarded to entities designated by States' Governors through a
competitive, Solicitation-of-Grant Applications (SGA) process conducted in
even-numbered years.
The PY 2000 competitive process allowed for two-year grant programs, the
second year funding is based on performance and availability of funds. Of the
PY 2000, VWIP funds, $6.2 million was provided to Ten (10) States. The intent
of VWIP is to provide employment and training services to eligible veterans in
the attempt to place veterans into gainful employment.
These programs can provide for, but are not limited to training (formal
classroom or on-the-job training), retraining, job placement assistance, and
support services, including testing, counseling. Grantees may choose to
supplement the core training by offering other services that also enhance the
employability of participants. These programs complement services generally
provided by States through mainstream WIA program operators under Title 1, and
the Wagner-Peyser Act.
Veterans may also be eligible for services under other WIA titles that assist
economically disadvantaged or dislocated workers with employment, training,
and other workforce development services. The programs provided by unsolicited
proposals are accepted by the OASVET for consideration for award of any
remaining funds. VWIP allow for specialized employment, training and
educational resources to be tailored to meet the needs of the specific target
populations of veterans served. In many programs, minority, female,
economically disadvantaged, homeless and/or disabled veterans can be targeted
to receive these specialized resources. Projects that enhance direct veterans'
training-related services, that emphasize service to sub-categories of the
eligible veterans target groups, and demonstration or research projects that
are considered unique or innovative receive priority consideration.
Fact Sheet VETS - 06
FEDERAL CONTRACTOR PROGRAM
Any contractor or subcontractor with a contract of $25,000 or more with the
Federal Government must take affirmative action to hire and promote qualified
targeted veterans which includes, special disabled veterans, veterans of the
Vietnam-era, recently separated veterans, and any other veterans who served
on active duty during a war or in a campaign or expedition for which a
campaign badge has been authorized.
Contractors and subcontractors with openings for jobs, other than executive or
top management positions, positions which are to be filled from within the
contractor's organization, and positions lasting 3 days or less, must list
them with the nearest State Job Service (also known as State Employment
Service) office. The requirement applies to vacancies at all locations of a
business not otherwise exempt under the company's Federal contract. Qualified
targeted veterans receive priority for referral to Federal contractor job
openings listed at those offices. The priority for referral does not guarantee
that referred veterans will be hired.
Federal contractors are not required to hire those referred, but must have
affirmative action plans. Contractors with at least 50 employees and a
contract of $50,000 or more must have a written affirmative action plan. They
must be able to show they have followed the plans and that they have not
discriminated against veterans or other covered groups. They must also show
that they have actively recruited targeted veterans and disseminated all
promotion information internally regarding promotion activities.
Companies must file an annual VETS-100 report, which shows the number of
targeted veterans in their work force by job category, hiring location, and
number of new hires, including targeted veterans hired during the reporting
period and the maximum number and minimum number of employees of such
contractor during the period covered by the report. Instructions, information
and follow-up assistance is provided at VETS-100 Internet site at http://vets100.cudenver.edu/ or employers may contact the VETS-100 Processing Center at (703) 461-2460 or e-mail at mailto:helpdesk@vets100.com .
For information about how to list a job opening, contact the nearest State Job
Service office listed in the telephone book.
Frequently Asked Questions
For copies of Affirmative Action Obligations of Contractors and Subcontractors
for Disabled Veterans and Veterans of the Vietnam Era, Rules and Regulations,
contact:
Office of Federal Contract Compliance Programs
Employment Standards Administration
200 Constitution Ave., NW
U.S. Department of Labor
Washington, D.C. 20210
Fact Sheet VETS - 08
VETERANS' PREFERENCE
The U. S. Government has laws to assist veterans who seek Federal employment
from being penalized for their time in military service. Veterans who are
disabled or who served on active duty in the Armed Forces during certain
specified time periods or in military campaigns are entitled to preference
over others in hiring from competitive lists of eligibles and also in
retention during reductions in force. Preference applies in hiring for
virtually all jobs, whether in the competitive or excepted service. The Office
of Personnel Management (OPM) administers entitlement to veterans' preference
in Federal employment under title 5, United States Code, and oversees other
statutory employment requirements in title 5 and 38. However, the veterans'
preference laws do not guarantee veterans a job, nor do they give veterans
preference in internal agency actions such as promotion, transfer,
reassignment and reinstatement.
For more specific information on veterans' preference, OPM has developed the
VetsInfo Guide. This guide explains how the Federal employment system works
and how veterans' preference and the special appointing authorities for
veterans operate within the system. It is available on the Internet at:
http://www.opm.gov/veterans/html/vetsinfo.htm
Veterans' preference administrative redress
The Veterans Employment Opportunities Act (VEOA) of 1998 provides that a
veteran or other preference eligible person who believes that his or her
rights under any law or regulation related to veterans' preference have been
violated may file a written complaint with the U. S. Department of Labor's
Veterans' Employment and Training Service (VETS). If a person believes his or
her eligibility for preference in the Federal government is not being
extended for the purposes of hiring or a Reduction in Force (RIF), that
person may file a complaint, in writing, to VETS, within 60 days of the
alleged violation. If VETS finds the case to have merit, we will make every
effort to resolve it. If resolution cannot be achieved within 60 days, the
claimant may appeal to the Merit Systems Protection Board (MSPB), at which
time VETS ceases all investigative activity. However, in cases where VETS is
making progress and the claimant does not choose to appeal to the MSPB,
investigative and resolution efforts by VETS may be continued indefinitely. If
VETS determines the complaint to be without merit, the claimant still retains
the right to appeal to the MSPB following receipt of the no-merit
determination. If the MSPB has had such an appeal for 120 days and has not
issued a judicially reviewable decision, the claimant may file a claim in the
U. S. District Court, at which time MSPB will cease all activity on the claim.
If the MSPB or the District Court find for the claimant, they may order the
agency to comply with the applicable provisions of law and award compensation
for any loss of wages or benefits.
A failure by a government official to knowingly fail to comply with veterans'
preference requirements is now treated as a prohibited personnel practice
(PPP). However, in the case of this particular PPP, the law stipulates that
"corrective action" for the claimant (for example, reinstatement, back wages)
is not available . Therefore, a claimant should go through the redress
process with VETS first, in order to obtain the remedies discussed above.
Following the redress process and after the claimant has been "made whole",
then the case can go to the Office of Special Counsel (OSC) as a potential
PPP. VETS does not investigate PPP cases. Information on OSC procedures and how to file a claim may be found at: http://www.osc.gov
Fact Sheet VETS - 09
National Veterans' Training Institute
The U.S. Department of Labor, through the Office of the Assistant Secretary for
Veterans' Employment and Training (OASVET), established the National Veterans'
Training Institute in 1986 to provide specialized training and professional
skills enhancement of State Employment Security Agency and other veterans'
service providers' staff.
To perform most effectively, veterans' services specialists require specialized
training; and State Employment Security Agencies' local job service office and
other program management staff need more generalized training. The NVTI strives
to meet both needs.
The NVTI basic training focuses on improving employment services for veterans
through a professional skills-development program. About 70 percent of
participants are Disabled Veterans' Outreach Program specialists and Local
Veterans' Employment Representatives; the remaining participants are state
employees and administrative staff, Federal employees and others involved with
veterans' employment and training issues.
The NVTI training curriculum is designed to ensure that participants are trained
in competencies that meet customers' needs. In addition to the basic employment
and training professional-skills course, training is offered in veterans'
benefits, transition assistance, case management, marketing and accessing the
media, and management of veterans' services. NVTI also offers courses in
veterans' reemployment rights case investigation and grants management, to
address the training needs of the U.S. Department of Labor Veterans' Employment
and Training Service (VETS) staff.
The University of Colorado at Denver operates the NVTI under a competitively-
awarded contract with VETS. Classes are delivered in a variety of modes,
including residential weeks in Denver and selected locations around the country,
and via distance learning approaches. NVTI courses are accredited by the North
Central Association of Colleges and Universities; satisfactory course completion
can earn participants two hours of academic credit per average five-day course.
NVTI's administrative office in Denver houses the Resource and Technical
assistance Center (RTAC), a repository for a variety of materials and
information resources on veterans' issues and services that offers on-going
support for individuals who have completed NVTI training.