Federal Hiring Preference and State Veteran Benefits

Federal Hiring Preference

Per 5 USC 21085 USC 2108 and the Veterans Preference Act, reservists with qualifying service receive preference in federal hiring. Two main categories.

5-Point Preference

Members qualify for 5-point preference with.

• Honorable service during a period of war
• Specific qualifying campaigns or expeditions
• Service in specific theaters of operation
• Specific medals or decorations

The 5 points add to the candidate's score on civil service rating.

10-Point Preference

Members qualify for 10-point preference with.

• Service-connected disability
• Purple Heart recipient
• Specific other categories per veterans preference rules

The 10 points add to the candidate's score, providing significant hiring advantage.

Veterans Recruitment Appointment (VRA)

Some agencies hire under VRA authority for specific positions.

• Members eligible based on service
• Direct hiring without competitive examination
• Limited to specific position grades and types

How Federal Preference Works

When applying for federal jobs.

1. Member applies for federal position
2. Application includes verification of service (DD-214s)
3. Federal HR applies preference points to candidate's score
4. Candidate receives priority based on combined score
5. Hiring decision considers preference per rules

USERRA Protections

Per the Uniformed Services Employment and Reemployment Rights Act, reservists have civilian employment protections.

Reemployment Rights

A reservist absent from civilian employment for military service has rights to.

• Reemployment in the position they would have attained had military service not interrupted
• Same seniority, status, and pay
• Continued health insurance coverage during service (with limits)
• Pension benefit accrual during service

Eligibility

USERRA covers most military service.

• Active duty (mobilization, AT, ADOS, etc.)
• Inactive duty training (drill weekends)
• Funeral honors duty
• Initial active duty for training

Time Limits

Reemployment must be requested within specific timeframes after military service ends.

• Less than 31 days service: Next regular work period
• 31-180 days: Within 14 days
• 181+ days: Within 90 days

Members exceeding these timeframes might lose USERRA protection.

Member Responsibilities

To use USERRA, the member must.

• Provide notice to civilian employer of military duty (oral or written)
• Have served honorably (or be still serving)
• Apply for reemployment within the time limit
• Total military service does not exceed 5 years (with exceptions for specific categories)

Employer Obligations

Civilian employers must.

• Hold the member's job (or equivalent) during military service
• Reemploy upon return per USERRA rules
• Continue benefits during specific periods
• Not discriminate against reservists for military service

USERRA enforcement is through the Department of Labor, Department of Justice, and federal courts.

State Benefits

Each state has unique veteran and reservist benefits. Common categories.

Education Benefits

Many states offer.

• Tuition waivers at state colleges and universities
• State GI Bill programs
• Loan repayment for state employment
• Apprenticeship programs

Examples vary widely. Texas, California, New York, Florida, and others have substantial state programs.

Tax Benefits

Many states offer.

• State income tax exemption on military pay (varies)
• State income tax exemption on retirement pay (varies)
• Property tax reductions for veterans (often disabled veterans)
• Sales tax exemption for specific purchases

Professional Licensing

Many states streamline professional licensing for veterans.

• License waivers based on military training
• Reduced licensing fees
• Expedited processing for veterans
• Recognition of military credentials

Common licenses affected: Commercial drivers license, healthcare provider, electrician, plumber, etc.

State Employment Preference

Many states have hiring preference for veterans similar to federal preference.

• Points added to civil service scores
• Direct hiring authorities
• Veterans-only positions in some agencies

Other State Benefits

• State park access (free or reduced fee)
• Hunting and fishing license discounts
• Free or reduced cost vehicle registration
• Specialized license plates
• State-funded burial benefits
• State-specific welcome home programs

Performance Steps for I&I Admin

Step 1 - Identify Member's State of Residence

When discussing state benefits.

• Verify member's state of legal residence
• Brief member benefits vary by state
• Direct to state-specific resources

Step 2 - Provide Federal Information

For federal hiring preference.

• Brief on 5 vs 10 point preference
• Direct to FedsHireVets.gov
• Coordinate documentation needed for applications

Step 3 - Brief on USERRA

For employment protections.

• Brief on USERRA basics
• Provide written materials
• Direct to Department of Labor for specific issues
• Document briefing during pre-mobilization counseling

Step 4 - Direct to State Resources

For state benefits.

• Direct member to state Department of Veterans Affairs
• Provide URL for state veterans affairs
• Recommend member contact for specific questions

Step 5 - Coordinate Documentation

For benefit applications.

• Member needs DD-214 for separations
• Member needs proof of service for current status
• Coordinate documentation with PAC if needed

Common Member Questions

"Does my civilian employer have to give me my job back?"

Yes per USERRA, with conditions. Member must apply within timeframes and have served honorably.

"How do I claim federal hiring preference?"

Apply for federal jobs with documentation showing eligible service. Federal HR applies preference automatically.

"What state benefits am I eligible for?"

Varies by state. Direct to your state Department of Veterans Affairs.

"my civilian employer fire me for going to drill?"

No per USERRA. Termination for military service is unlawful discrimination.

"What if my employer doesn't reemploy me?"

USERRA enforcement through Department of Labor Veterans Employment and Training Service (VETS). File complaint or seek legal counsel.

"Do I need to tell my employer I'm in the Reserves?"

USERRA requires notice of military service obligations. Specific timing varies.

Common I&I Errors on Federal and State Benefits

These hit at the I&I shop.

1. State benefits not addressed. Members assume only federal benefits exist. Direct to state resources.
2. USERRA basics not briefed. Members do not know their employment protections. Brief during initial counseling and pre-mobilization.
3. Federal preference confused with VA benefits. Federal hiring preference and VA disability are different. Brief separately.
4. USERRA time limits not communicated. Members miss reemployment deadlines. Brief on timing.
5. Documentation not pre-coordinated. Members need DD-214s and service records for applications. Coordinate in advance.

Coordination Touchpoints

Federal and state benefits processing touches.

• Federal Office of Personnel Management (OPM): Federal hiring preference
• Department of Labor VETS: USERRA enforcement
• State Departments of Veterans Affairs: State benefits
• Member's civilian employer HR: USERRA coordination
• MCRSC: For service documentation

Pre-Mobilization Civilian Employment Counseling

Before mobilization, brief members on civilian employment matters.

• Notify civilian employer of mobilization in writing
• Identify key documentation to take with you
• Brief on USERRA reemployment rights
• Brief on continued health insurance options
• Coordinate any benefit decisions with civilian employer

This counseling protects the member's civilian career during military service.

Related Roles

Federal and state benefits affect every reservist's civilian life.

• Marines apply for federal jobs with preference, use USERRA when needed, and access state benefits.
• Leaders brief members on civilian employment protections during pre-mobilization.
• Commanders at I&I support member benefit awareness through career counseling.