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VETERAN RE-EMPLOYMENT RIGHTS
Under the Veterans’ Re-Employment Rights (VRR) law, a person who left a civilian job to enter active duty in the Armed Forces, either voluntarily or involuntarily, may be entitled to return to the job after discharge or release from active duty.
Four basic eligibility criteria must be met:
a. The person must have been employed in an “other than temporary” civilian job.
b. The person must have left the civilian job for the purpose of entering military service.
c. The person must not remain on active duty longer than four years, unless the period beyond four years is at the request and for the convenience of the federal government and the military discharge carries this statement.
d. The person must be discharged or released from active duty under honorable conditions.
If you have questions or need assistance, contact the U. S. Department of Labor’s Director for Veterans Employment and Training (DVET) for Florida.
Your veteran representative can provide contact assistance.
DEFINITION OF TERMS
Here are the definitions of terms you may come across when working with Veterans Services:
The term “veteran” means –
a person who served in the active military, naval, or air service, and who was discharged or released there from under conditions other than dishonorable, as specified in 38 U.S.C. 101(2).
The term “eligible veteran” means –
A person who:
(A) served on active duty for a period of more than 180 days and was discharged or released there from with other than a dishonorable discharge;
(B) was discharged or released from active duty because of a service connected disability; or
(C) as a member of a reserve component under an order to active duty pursuant to section 1230 (a), (d), or (g), 12302, or 12304 of title 10, served on active duty during a period of war or in a campaign or expedition for which a campaign badge is authorized and was discharged or released from such duty with other than a dishonorable discharge.
The term “eligible person” means –
(A) the spouse of any person who died of a service-connected disability,
(B) the spouse of any member of the Armed Forces serving on active duty who, at the time of application for assistance under this chapter [38 USCS § § 4101 et seq.], is listed, pursuant to section 556 of title 37 and regulations issued there under, by the Secretary concerned in one or more of the following categories and has been listed for a total of more than ninety days: (i) missing in action, (ii) captured in the line of duty by a hostile force, or (iii) forcibly detained or interned in the line of duty by a foreign government or power, or
(C) the spouse of any person who has a total disability permanent in nature resulting from a service-connected disability or the spouse of a veteran who died while a disability so evaluated was in existence.
The term “priority of service” means –
(a) with respect to any qualified job training program, that a covered person shall be given priority over a non-covered person for the receipt of employment, training, and placement services provided under that program, notwithstanding any other provision of the law.
(b) Priority in the context of providing priority of service to veterans and other covered persons in qualified job training programs covered by this regulation means the right to take precedence over non-covered persons in obtaining services. Depending on the type of service or resource being provided, taking precedence may mean:
(1) The covered person receives access to the service or resource earlier in time than the non-covered person.
(2) If the service or resource is limited, the covered person receives access to the service or resource instead of or before the non-covered person.
The term “covered person” means –
A veteran or eligible spouse.
Eligible spouse means the spouse of any of the following:
(1) Any veteran who died of a service connected disability;
(2) Any member of the Armed Forces serving on active duty, who at the time of application for the priority, is listed in one or more of the following categories and has been so listed for a total of more than 90 days:
(i) Missing in action;
(ii) Captured in the line of duty by a hostile force; or
(iii) Forcibly detained or interned in line of duty by a foreign government power; or
(3) Any veteran who has a total disability resulting from a service connected disability, as evaluated by the Department of Veterans Affairs;
(4) Any veteran who died while a total disability as indicated in Paragraph (3)
The term “service connected disability” means –
A disabling condition that has resulted from or was aggravated by an injury or illness while the veteran was serving on active duty in the military.
To meet the specific needs of veterans, particularly veterans with barriers to employment, Veterans Employment Representatives are thoroughly familiar with the full range of job development services and training programs available at the One-Stop Career Centers and Department of Veterans’ Affairs Vocational Rehabilitation and Employment Programs.
The term “qualified job training program” means –
Any workforce preparation, or delivery program or service that is directly funded, in whole or in part, by the Dept of Labor and includes the following:
(A) Any such programs or services that uses technology to assist individuals to access workforce development programs (such as job and training opportunities, labor market information, career assessment tools, and related support services).
(B) Any such program or service under the public employment system, One-Stop career centers, the Workforce Investment Act of 1998, a demonstration or other temporary program, and those programs implemented by States or local service providers based on Federal block grants administered by the Dept of Labor.
(C) Any such program that is a workforce program targeted to specific groups.
Please ask for assistance. The Brevard Workforce staff can help you with specialized veterans services such as filing for VA benefits/training, case managing disabled vets services, and more.