Section 2 - General Policies

Policy Number: 2.4 - EMPLOYMENT OF VETERANS

SCOPE: FACULTY AND STAFF Issued: 4/1/00


1. Employment Preferences Provided Veterans: It is the policy of Lamar University to employ and to advance in employment, disabled veterans and veterans of the Vietnam Era, in accordance with the provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

It is also the policy of the University to give veterans preference in appointment or employment over other applicants having no greater qualifications for the same position, in accordance with the Texas Government Code.1

2. Individuals Entitled to Veteran’s Employment Preference:2

2.1 A veteran qualifies for veteran’s employment preference if the veteran:

2.1.1 Served in the military for not less than 90 consecutive days during a national emergency declared in accordance with federal law or was discharged military service for an established service-connected disability;

2.1.2 Was honorably discharged from military service; and

2.1.3 Is competent.

2.2 A veteran’s surviving spouse who has not remarried or an orphan of a veteran qualifies for a veteran’s employment preference if:
2.2.1 The veteran was killed while on active duty;

2.2.2 The veteran served in the military for not less than 90 consecutive days during a national emergency declared in accordance with federal law; and

2.2.3 The spouse or orphan is competent.

2.3 A veteran is defined as an individual who served in the U. S. Army, Navy, Air Force, Marine Corps, or Coast Guard, or in an auxiliary service of one of those branches of the U. S. Armed Forces.

2.4 Individuals are not to be disqualified from employment because of age or any service-connected disability as long as neither renders them incompetent to properly and capably perform the duties of the position to which they apply.

2.5 The employing authority in each department and the Associate Vice President for Human Resources will insure that any persons entitled to preference under this policy shall be provided every opportunity to fill available positions of employment applied for, based on the qualifications of such applicants, and if there are no other applicants better qualified for the position or employment applied for.


3. Veterans' Reinstatement:3 An employee who separates from state employment to enlist in the United States Armed Forces, Texas State or National Guard, or federal military reserves is entitled to be restored to the same position held at the time of separation or to a position of like seniority, status and pay, if he/she is still qualified physically and mentally to perform the required duties and was honorably discharged within five years of beginning military service. Temporary employees are excluded from these provisions.

Eligible veterans must make application to the University for restoration within 90 days after discharge or release from service. The application must be in writing and the eligible veteran must provide evidence of discharge, separation, or release from military service under honorable conditions.

If a veteran is not qualified to perform the duties of his/her former position because of a service connected disability, he/she is entitled to be restored to another position which he/she is qualified to perform in the University with like (or approximate) seniority, status, and pay.

Veterans who are restored to positions in state government may not be dismissed without just cause from state employment within a year of being reinstated. Restored veterans are considered to have been on leaves of absence during periods of military service, and like other employees they are entitled to retirement and other benefits. In 1979, the Attorney General found that the restored veteran is entitled to be credited with any accrued unused sick leave that he or she accumulated immediately prior to entering military service.4

The institution may not delay or deny this obligation by waiting for documentation that is not immediately available. The employee may be terminated if the documentation becomes available that does not meet the eligibility requirements.5



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References:

1 Texas Government Code, Chapter 657

2 Ibid

3 Ibid

4 Opinion, Texas Attorney General, No. MW-109 (1979)

5 38 USC Section 4312(f)(4)