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VetsInfo Guide
Civil Service Employment and Veterans
CONTENTS
The Federal Government has a long and outstanding record of employing veterans. Veterans hold a far higher percentage of jobs in the Government than they do in private industry. In large part, this is due to laws providing Veterans' preference and special appointing authorities for veterans, as well as the fact that agencies recognize that hiring veterans is just good business. The purpose of VetsInfo Guide is to explain briefly how the Federal employment system works and how Veterans' preference and the special appointing authorities operate within
that system. The handbook was designed to help veterans understand the entitlements
they have earned.
The Office of Personnel Management (OPM) administers entitlement to veterans' preference in employment under title 5, United States Code, and oversees other statutory employment requirements in titles 5 and 38. (Title 38 , United States Code, also governs Veterans' entitlement to benefits administered by the Department of Veterans Affairs (VA).)
Both title 5 and title 38 use many of the same terms, but in different ways.
For example, service during a "war" is used to determine entitlement to Veterans'
preference and service credit under title 5. OPM has always interpreted this
to mean a war declared by Congress. But title 38 defines "period of war"
to include many non-declared wars, including Korea, Vietnam, and the Persian
Gulf. Such conflicts entitle a veteran to VA benefits under title 38,
but not necessarily to preference or service credit under title
5.
A Word About Veterans' Preference
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 their
sacrifice, Congress enacted laws to prevent veterans seeking Federal employment
from being penalized for their time in military service. Veterans' preference
recognizes the economic loss suffered by citizens who have served their country
in uniform, restores veterans to a favorable competitive position for Government
employment, and acknowledges the larger obligation owed to disabled veterans.
Veterans' preference is not so much a reward for being in uniform as it is
a way to help make up for the economic loss suffered by those who answered the
nation's call to arms. Historically, preference has been reserved by Congress
for those who were either disabled or who served in combat areas. Eligible veterans
receive many advantages in Federal employment, including preference for initial
employment and a higher retention standing in the event of layoffs. However,
the Veterans' preference laws do not guarantee the veteran a job, nor do they
give veterans preference in internal agency actions such as promotion, transfer,
reassignment, and reinstatement.
Veterans' preference in its present form comes from the Veterans' Preference
Act of 1944, as amended, and is now codified in various provisions of title
5, United States Code. By law, 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.
In addition to receiving preference in competitive appointments, veterans may be considered for special noncompetitive appointments for which only they are eligible.
The Veterans Employment Opportunities Act
of 1998, as Amended
This law gives veterans access to Federal job opportunities that
might otherwise be closed to them. The law requires that:
- Agencies allow eligible veterans to compete for vacancies advertised under the agency's merit promotion procedures when the agency is seeking applications from individuals outside its own workforce.
- All merit promotion announcements open to applicants outside an agency's workforce include a statement that these eligible veterans may apply.
The law also establishes a new redress system for preference eligibles and makes
it a prohibited personnel practice for an agency to knowingly take or fail to
take a personnel action if that action or failure to act would violate a statutory
or regulatory Veterans' preference requirement (more about this later).
How Federal Jobs Are Filled
There are essentially two classes of jobs with the Federal Government: 1) those
that are in the competitive civil service, and 2) those that are in the
excepted service.
Competitive civil service jobs are under OPM's jurisdiction and subject
to the civil service laws enacted by Congress in title 5, United States Code.
These laws were enacted to ensure that jobs were filled based on a merit system
for selecting the best qualified candidates according to job-related criteria.
These laws, however, provide individual managers sufficient flexibility to appoint
the person they believe is the best qualified for the job. Agencies may fill
jobs from outside the civil service, or from among candidates with civil service
status. In filling jobs, some selections must be made competitively; others
may be made without open competition.
When filling a competitive service job from outside the civil
service, agencies may:
- appoint a well-qualified candidate from a competitive list of eligibles
developed by OPM or by an agency with delegated examining authority; or
- appoint someone who is eligible under one of a number of special appointing authorities (e.g., the VRA or Schedule B authorities discussed later on, and
others authorized by either law or executive order).
Alternatively, in filling jobs from among "status" candidates, agencies
may:
- appoint someone from an agency-developed merit promotion list (When these
jobs are open to candidates outside the agency, the agency must allow eligibles
under the Veterans Employment Opportunities Act of 1998, as amended to apply);
or
- reassign a current agency employee, transfer an employee from another agency, or reinstate a former Federal employee.
(NOTE: "Status" candidates are those who are eligible for noncompetitive movement within the competitive service because they either are now or were serving under career-type appointments in the competitive service.)
An agency request for a list of eligible candidates or a job posting represents
only a search for qualified candidates; there is no obligation on the part of
the agency to make a selection. When a selection is made, agencies generally
have broad authority under law to select from any of a number of sources of
eligibles -- from outside the Federal service as well as from within.
Since 1996, agencies have been required by Presidential directive to give first
consideration to surplus and displaced Federal employees to soften the effects
of widespread restructuring and downsizing aimed at making the Government more
efficient.
Excepted service jobs, as the name suggests, are excepted from most
or all of the civil service laws for various reasons and are not generally subject
to OPM's jurisdiction. Positions are excepted by law, by executive order, or
by action of OPM placing a position or group of positions in excepted service
Schedules A, B, or C. For example, certain entire agencies such as the Postal
Service, the Federal Bureau of Investigation, and the Central Intelligence Agency
are excepted by law. In other cases, certain jobs or classes of jobs in an agency
are excepted by OPM. This includes attorneys, chaplains, student trainees, veterans
appointed under the Veterans Employment Opportunities Act of 1998, and others.
Types Of Appointments
There are three ways veterans can be appointed to jobs in the competitive civil
service: by competitive appointment through an OPM list of eligibles
(or agency equivalent), by noncompetitive appointment under special
authorities that provide for conversion to the competitive service, or by
Merit Promotion selection under the Vetarans Employment Opportunities Act
(VEOA).
1. A competitive appointment is one in which the veteran competes with
others on an OPM list of eligibles (or agency equivalent under delegated examining
authority). This is the normal entry route into the civil service for most employees.
Veterans' preference applies in this situation, and those veterans who qualify
as preference eligibles -- i.e., who are entitled to Veterans' preference --
have 5 or 10 extra points added to their passing score on a civil service examination.
Before a job is filled by competitive appointment, the examining office must
report it to OPM for announcing to the public; OPM also notifies State employment
service offices. The examining office then determines the candidates' qualifications
and rates and ranks them according to job-related criteria. This list of eligibles,
or certificate, is then given to the selecting official.
2. A noncompetitive appointment under special authority is one such
as the Veterans Recruitment Appointment (VRA) authority (formerly known as the
Veterans Readjustment Appointment (VRA) authority) and the special authority
for 30 percent or more disabled veterans. Eligibility under these special authorities
(which are explained below) gives veterans a very significant advantage over
others seeking to enter the Federal service in that they do not compete with
them. An agency that wants to hire under one of these authorities can simply
appoint the eligible veteran to any position for which the veteran is qualified.
There is no red tape or special appointment procedures. However, use of these
special authorities is discretionary with the agency. Veterans' preference applies
when making appointments under these special authorities if there are two or
more candidates and one or more is a preference eligible. These authorities
provide for noncompetitive conversion to the competitive service after a suitable
period of satisfactory service.
3. A Merit Promotion selection under the VEOA is one in which the veteran competes with current federal employees under an agency's merit (or internal)
promotion procedures. The VEOA allows eligible veterans to apply under
an agency merit promotion announcement open to candidates outside the agency.
However, agencies do not apply Veterans' preference when considering individuals
under Merit Promotion procedures or under the VEOA. Use of this special authority,
as with other authorities, is discretionary with the agency. A VEOA eligible
who competes under merit promotion procedures and is selected will be given
a career or career conditional appointment.
In order to maximize their opportunities, veterans who are eligible for
both preference and noncompetitive appointment should, where possible, make
sure they are being considered both competitively through an OPM examination
or equivalent and noncompetitively under special authority such as the VRA.
Who Is Entitled To Veterans' Preference
In Employment?
Five-point preference is given to those honorably separated veterans (this
means an honorable or general discharge) who served on active duty (not active
duty for training) in the Armed Forces:
- during any war (this means a war declared by Congress, the last of which
was World War II);
- during the period April 28, 1952, through July 1, 1955;
- for more than 180 consecutive days, any part of which occurred after January 31, 1955, and before October 15, 1976;
- during the Gulf War period beginning August 2, 1990, and ending January
2, 1992; or
- in a campaign or expedition for which a campaign medal has been authorized, such as El Salvador, Lebanon, Granada, Panama, Southwest Asia, Somalia, and Haiti.
Medal holders and Gulf War veterans who originally enlisted after September
7, 1980, or entered on active duty on or after October 14, 1982, without having
previously completed 24 months of continuous active duty, must have served continuously
for 24 months or the full period called or ordered to active duty.
Effective on October 1, 1980, military retirees at or above the rank of major
or equivalent, are not entitled to preference unless they qualify as disabled
veterans.
Ten-point preference is given to:
- those honorably separated veterans who 1) qualify as disabled veterans because they have served on active duty in the Armed Forces at any time and have a present service-connected disability or are receiving compensation, disability retirement benefits, or pension from the military or the Department of Veterans Affairs; or 2) are Purple Heart recipients;
- the spouse of a veteran unable to work because of a service-connected disability;
- the unmarried widow of certain deceased veterans; and
- the mother of a veteran who died in service or who is permanently and totally disabled.
When applying for Federal jobs, eligible veterans should claim preference on their
application or resume. Applicants claiming 10-point preference must complete form
SF-15, Application for 10-Point Veteran Preference. Veterans who are still
in the service may be granted 5 points tentative preference on the basis of information
contained in their applications, but they must produce a DD Form 214 prior to
appointment to document entitlement to preference.
Note: Reservists who are retired from the Reserves but are not receiving retired pay are not considered "retired military" for purposes of Veterans' preference.
The Department of Labor's Office of the Assistant Secretary for Policy and Veterans Employment and Training Service developed an "expert system" to help veterans
receive the preferences to which they are entitled. Two versions of this system
are currently available, both of which help the 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. To find out whether you qualify for Veterans'
preference, visit America's Job Bank, operated by the Department of Labor (DOL).
The Internet address for the Veterans' preference program is:
http://www.dol.gov/dol/vets/public/programs/programs/preference/main.htm.
(State employment service offices have veteran representatives available to
assist veterans in gaining access to this information.)
How Preference Applies In Competitive
Examining
Veterans who are eligible for preference and who meet the minimum qualification
requirements of the position, have 5 or 10 points added to their passing score
on a civil service examination. For scientific and professional positions in
grade GS-9 or higher, names of all eligibles are listed in order of ratings,
augmented by Veterans' preference points, if any. For all other positions, the
names of 10-point preference eligibles who have a service-connected disability
of 10 percent or more are placed ahead of the names of all other eligibles.
Other eligibles are then listed in order of their earned ratings, augmented
by Veterans' preference points. A preference eligible is listed ahead of a nonpreference
eligible with the same score.
The agency must select from the top 3 candidates (known as the Rule of 3) and
may not pass over a preference eligible in favor of a lower ranking non-preference
eligible without sound reasons that relate directly to the veteran's fitness
for employment. The agency may, however, select a lower-ranking preference eligible
over a compensably disabled veteran within the Rule of 3.
A preference eligible who is passed over on a list of eligibles is entitled,
upon request, to a copy of the agency's reasons for the passover and the examining
office's response.
If the preference eligible is a 30 percent or more disabled veteran, the agency
must notify the veteran and OPM of the proposed pass over. The veteran has 15
days from the date of notification to respond to OPM. OPM then decides whether
to approve the pass over based on all the facts available and notifies the agency
and the veteran.
Entitlement to Veterans' preference does not guarantee a job. There are
many ways an agency can fill a vacancy other than by appointment from a list
of eligibles.
Filing Applications After Announcements
Close
A 10-point preference eligible may file an application at any time for
any position for which a nontemporary appointment has been made in the preceding
3 years; for which a list of eligibles currently exists that is closed to new
applications; or for which a list is about to be established. Veterans wishing
to file after the closing date should contact the agency that announced the
position for further information.
Special Appointing Authorities
For Veterans
The following special authorities permit the noncompetitive appointment of
eligible veterans. Use of these special authorities is entirely discretionary
with the agency; no one is entitled to one of these special appointments:
The Veterans Recruitment Appointment (VRA) -
A new law, Public Law 107-288, the Jobs for Veterans Act (Act),
enacted November 7, 2002, revised the eligibility requirements for a Veterans
Readjustment Appointment (which the Act redesignated as a Veterans Recruitment
Appointment [VRA]). The new law took effect on the
date of enactment. OPM is revising our regulations to reflect the changes
made by the Act. Because OPMs guidance related to VRA eligibility
was based on the old law, we have temporarily removed this guidance from our
website until we publish new VRA regulations. Agencies are still permitted
to make VRAs, but must comply with the provisions of the Act when doing so.
To the extent that OPMs regulations are not in accord with the Act, the
new Act governs. Direct any questions about whether there is a possible conflict
to eswebmaster@opm.gov for more specific guidance.
The VRA is a special authority by which agencies can appoint an eligible veteran without competition. The VRA is an excepted appointment to a position that is
otherwise in the competitive service. After 2 years of satisfactory service,
the veteran is converted to a career-conditional appointment in the competitive
service. (Note, however, that a veteran may be given a noncompetitive temporary
or term appointment based on VRA eligibility. These appointments do not lead
to career jobs.)
When two or more VRA applicants are preference eligibles, the agency must apply
Veterans' preference as required by law. (While all VRA eligibles have served
in the Armed Forces, they do not necessarily meet the eligibility requirements
for Veterans' preference under section 2108 of title 5, United States Code.)
Terms and conditions of employment: VRA eligibles may be appointed to any
position for which qualified up to GS-11 or equivalent (the promotion potential
of the position is not a factor). The veteran must meet the qualification requirements
for the position. (Any military service is considered qualifying for GS-3 or equivalent.)
After 2 years of substantial continuous service in a permanent position under
a VRA, the appointment will be converted to a career or career conditional appointment
in the competitive service, providing performance has been satisfactory. Once
on-board, VRAs are treated like any other competitive service employee and may
be promoted, reassigned, or transferred. VRA appointees with less than 15 years
of education must complete a training program established by the agency.
How To Apply: Veterans should contact directly the Federal agency personnel office where they are interested in working to find out about VRA opportunities.
30 Percent or More Disabled Veterans - These
veterans may be given a temporary or term appointment (not limited to 60 days
or less) to any position for which qualified (there is no grade limitation).
After demonstrating satisfactory performance, the veteran may be converted at
any time to a career-conditional appointment.
Terms and conditions of employment: Initially, the disabled veteran
is given a temporary appointment with an expiration date in excess of 60 days.
This appointment may be converted to at any time to a career conditional appointment.
Unlike the VRA, there is no grade limitation.
How To Apply: Veterans should contact the Federal agency Personnel office where they are interested in working to find out about opportunities. Veterans
must submit a copy of a letter dated within the last 12 months from the Department
of Veterans Affairs or the Department of Defense certifying receipt of compensation
for a service-connected disability of 30% or more.
Disabled Veterans Enrolled In VA Training Programs
- Disabled veterans eligible for training under the Department of Veterans
Affairs' (VA) vocational rehabilitation program may enroll for training or work
experience at an agency under the terms of an agreement between the agency and
VA. The veteran is not a Federal employee for most purposes while enrolled in
the program, but is a beneficiary of the VA.
The training is tailored to individual needs and goals so there is no set length. If the training is intended to prepare the individual for eventual appointment
in the agency (rather than just work experience), OPM must approve the training
plan. Upon successful completion, the veteran will be given a Certificate of
Training showing the occupational series and grade level of the position for
which trained. This allows any agency to appoint the veteran noncompetitively
for a period of 1 year. Upon appointment, the veteran is given a Special Tenure
Appointment which is then converted to career-conditional with OPM approval.
Veterans Employment Opportunities Act (VEOA) - This authority permits an agency to appoint an eligible veteran who has applied under an agency merit promotion announcement that is open to candidates outside the agency.
Eligibility: To be eligible for a VEOA appointment, a candidate must:
- be a preference eligible or veteran separated after substantially completing at least 3 years of continuous active duty service performed under honorable
conditions.
Terms and conditions of employment: A veterans given a VEOA appointment
will be given a career or career conditional appointment in the competitive service.
How to apply: Veterans interested in applying under this authority should seek out agency merit promotion announcements open to candidates outside the
agency. Applications should be submitted directly to the agency. Please note:
veterans who have career status or are reinstatement eligbile are not eligible
for VEOA appointments.
Positions Restricted To Preference
Eligibles
Examinations for custodian, guard, elevator operator and messenger are open
only to preference eligibles as long as such applicants are available.
Affirmative Action For Certain Veterans
Under Title 38
Section 4214 of title 38, United States Code, calls upon agencies to establish
a separate affirmative action program for disabled veterans as part of agency
efforts to hire, place, and advance persons with disabilities under the Rehabilitation
Act of 1973. Agencies are also urged to "promote the maximum of employment and
job advancement opportunities" for those veterans eligible for noncompetitive
appointment under the above special authorities.
This section requires agencies to:
- provide placement consideration under special noncompetitive hiring authorities for VRA and 30 percent or more disabled veterans;
- ensure that all veterans are considered for employment and advancement under merit system rules; and
- establish an affirmative action plan for the hiring, placement, and advancement of disabled veterans.
Veterans Complaints
Veterans who believe that they have not been properly accorded their rights
have several different avenues of complaint, depending upon the nature of the
complaint and the individual's veteran status:
- The Veterans Employment Opportunities Act of 1998 allows preference eligibles to complain to the Department of Labor's Veterans Employment and Training Service (VETS) when the person believes an agency has violated his or her rights under any statute or regulation relating to Veterans' preference.
- Under a separate Memorandum of Understanding (MOU) between OPM and the
Department of Labor, eligible veterans seeking employment who believe
that an agency has not properly accorded them their Veterans' preference,
failed to list jobs with State employment service offices as required by law,
or failed to provide special placement consideration noted above, may file
a complaint with the local Department of Labor VETS representative (located
at State employment service offices). To be eligible to file a complaint under
the MOU a veteran must:
- have served on active duty for more than 180 days and have other than
a dishonorable discharge;
- have a service-connected disability; or
- if a member of a Reserve component, have been ordered to active duty
under sections 12301 (a), (d), or (g) of title 10, United States Code, or
served on active duty during a period of war, or received a campaign badge
or expeditionary medal (e.g., the Southwest Asia Service Medal).
- The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) prohibits discrimination in employment, retention, promotion, or any benefit
of employment on the basis of a person's service in the uniformed services.
Compalints under this law should also be filed with the local Department of
Labor VETS representative (located at State employment service offices).
- Since a willful violation of a provision of law or regulation pertaining
to Veterans' preference is a Prohibited Personnel Practice, a preference
eligible who believes his or her Veterans' preference rights have been
violated may file a complaint with the local department of Labor VETS representative,
as noted above.
- A disabled veteran who believes he or she has been discriminated
against in employment because of his or her disability may file a handicapped
discrimination complaint with the offending agency under regulations administered
by the Equal Employment Opportunity Commission.
- Finally, since OPM is committed to ensuring that agencies carry out their
responsibilities to veterans, any veteran with a legitimate complaint
may also contact any OPM Service Center.
Because there is considerable overlap in where and on what basis a complaint may
be filed, a veteran should carefully consider his or her options before filing.
Generally speaking, complaints on the same issue may not be filed with more than
one party.
How To Find A Federal Job
Veterans must conduct their own job search. The best way to do this is to contact
the Federal agency personnel office where you are interested in working and
inquire about opportunities. If you qualify for one of the special appointing
authorities (such as the VRA) be sure to let the agency personnel office know.
America's Job Bank also contains a listing of jobs from both Federal and state
employers nationwide.
Remember that veterans are not guaranteed employment by Federal agencies.
Whether to hire a veteran, or anyone else, is up to the agency to decide.
OPM has several resources to aid veterans in their job search.
USAJOBS, the Federal Government's Employment Information System, gives
you access to Federal job vacancies, employment information fact sheets, job
applications and forms, and has on-line resume development and electronic transmission
capabilities. In many instances, job seekers can apply for positions on-line.
USAJOBS is updated every business day from a database of more than 12,000
worldwide job opportunities. USAJOBS is available to job seekers in a
variety of formats, ensuring access for customers with differing physical and
technological capabilities. It is convenient, user friendly, accessible through
the computer or telephone and available 24 hours-a-day, seven days- a-week.Follow
these simple steps:
STEP 1: OBTAIN THE VACANCY ANNOUNCEMENT
Federal agencies list job opportunities on USAJOBS at www.usajobs.opm.gov.
Once you have found an opportunity that interests you, obtain a copy of the
vacancy announcement and a complete application package by downloading the actual
announcement and any supplementary materials from USAJOBS. The vacancy announcement
is an important source of information. Most of the questions you may have will
be answered as you read through the announcement. For example: closing/deadline
dates for applications, specific duties of the position, whether or not a written
test is required, educational requirements, duty location, salary, etc.
STEP 2: FOLLOW THE APPLICATION INSTRUCTIONS
You may apply for most jobs with a resume, or the Optional Application for
Federal Employment (OF-612), or any written format you choose. For jobs that
are unique or filled through automated procedures, you may be given special
forms and/or instructions in the job announcement.
Although the Federal Government does not require a standard application form
for most jobs, certain information is needed to evaluate your qualifications.
If you decide to submit any other format, other than the OF-612, (i.e., a resume),
the following information must be included:
Job Information - Announcement number, title and grade.
Personal Information - Full name, mailing address (with zip code),
day and evening phone numbers (with area code), Social Security number, country
of citizenship, Veterans' preference, reinstatement eligibility, highest Federal
civilian grade held.
Education - High school name, city and state, colleges or universities,
name, city and state, majors and type and year of any degrees received (if no
degree, show total credits earned and indicate whether semester or quarter hours).
Work Experience - job title, duties and accomplishments, employer's
name and address, supervisor's name and phone number, starting and ending dates
(month and year), hours per week, salary, and indicate whether or not your current
supervisor may be contacted. Prepare a separate entry for each job.
Other Qualifications - job related training courses (title and
year), job related skills, job related certificates and licenses, job related
honors, awards, and special accomplishments.
Resources
Internet:
The worldwide web site at www.usajobs.opm.gov provides access to the
Federal Jobs Data Base; full text job announcements; answers to frequently asked
Federal employment questions via delivery of Employment Info Line fact sheets;
and access to electronic and hard copy application forms.
USAJOBS By Phone:
This automated phone system provides 24 hour a day, 7 day a week information
about current employment opportunities (nationwide and worldwide), including
special programs for veterans, as well as salary and benefits information, and
application request services. Call the system...
FROM ANYWHERE IN THE NATION OR THE WORLD
NATIONWIDE TDD SERVICE
Other:
Visit Your Local State Employment Service Office. There you will find
information on current Federal job opportunity listings. The list may be on
a printed report, on microfiche, or on computer. The method varies from State
to State.
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