| The School Board of Collier County |
| Bylaws & Policies |
1120.11 - PREFERENCE FOR VETERANS IN EMPLOYMENT
Preference in employment, reemployment, promotion, and retention shall be given to an eligible veteran, pursuant to the provisions below, as long as the veteran meets the minimum eligibility requirements and has the knowledge, skills, and abilities required for the particular position.
Categories of Protected Individuals
Preference shall be given pursuant to the following:
| A. | Those disabled veterans: |
| 1. | who have served on active duty in any branch of the Armed Forces of the United States, have been separated therefrom under honorable conditions, and have established the present existence of a service-connected disability which is compensable under public laws administered by the U.S. Department of Veterans' Affairs; or | ||
| 2. | who are receiving compensation, disability retirement benefits, or pension by reason of public laws administered by the U.S. Department of Veterans' Affairs and the Department of Defense. |
| B. | The spouse of any person who has a total disability, permanent in nature, resulting from a service-connected disability and who, because of this disability, cannot qualify for employment, and the spouse of any person missing in action, captured in line of duty by a hostile force, or forcibly detained or interned in line of duty by a foreign government or power. | |
| C. | A veteran of any war who has served on active duty for one (1) day or more during a wartime period, excluding active duty for training, and who was discharged under honorable conditions from the Armed Forces of the United States of America. A veteran who served honorably but who has not met the criteria for the award of a campaign or expeditionary medal for service in Operation Enduring Freedom or Operation Iraqi Freedom qualifies for preference in appointment, effective July 1, 2007. The service dates are defined as follows: |
| 1. | Operation Enduring Freedom - October 7, 2001 to a date to be determined | ||
| 2. | Operation Iraqi Freedom - March 19, 2003 to a date to be determined |
| D. | The unremarried widow or widower of a veteran who died of a service-connected disability. | |
| E. | Any Armed Forces' Expeditionary Medal, as well as the Global War on Terrorism Expeditionary Medal, are qualifying for veterans' preference. |
Preference in employment and retention may be given only to eligible persons who are described above and who are residents of Florida.
Required Notice
The District will give notice in all announcements and advertisements of vacancies, that preference in appointment will be given to eligible veterans and spouses, and application forms must inquire whether the applicant is claiming veterans' preference, and whether the applicant has claimed such a preference.
Responsibility of the Applicant
The applicant claiming preference is responsible for providing required documentation at the time of making application. The District will provide information to the applicant of the requirements for documentation.
Preference at Each Step of the Application Process
An eligible veteran is entitled to preference at each stage of the hiring process; however, the preference is not absolute. Preference is provided to protected individuals when such persons possess the minimum qualifications necessary to the discharge of the duties involved. "Minimum qualifications" means a "specification" of the kinds of experience, training, education, and/or licensure or certification that provides "appropriate job-related evidence that an applicant possesses the minimum required knowledge, skills, and abilities necessary to the discharge of the duties involved".
Probationary Period
A disabled veteran employed as the result of being placed at the top of the appropriate employment list shall be appointed for a probationary period of one (1) year or as provided in the appropriate collective bargaining agreement. At the end of such period, if the work of the veteran has been satisfactorily performed, the veteran will acquire permanent employment status and will be subject to the employment policies of the District and the appropriate collective bargaining agreement.
Reinstatement or Reemployment
When a District administrator has served in the Armed Forces of the United States and is discharged or separated therefrom with an honorable discharge, the District shall reemploy or reinstate such person to the same position that s/he held prior to such service in the Armed Forces, or to an equivalent position, provided such person returns to the position within one (1) year of his/her date of separation or, in the case of extended active duty, within one (1) year of the date of discharge or separation subsequent to the extension. Such person shall also be awarded preference in promotion and shall be promoted ahead of all others who are as well qualified or less qualified for the position.
Further, the District shall reemploy or reinstate the person who was a veteran when employed by the District and who was recalled to extended active duty in the Armed Forces of the United States and was discharged or separated therefrom with an honorable discharge to the same position that s/he held prior to service in the Armed Forces, or to an equivalent position, provided the person returns to the position within one (1) year of his/her date of separation or, in the case of extended active duty, within one (1) year of the date of discharge or separation subsequent to the extension. The person shall also be awarded preference in promotion and shall be promoted ahead of all others who are as well qualified or less qualified for the position. For the purposes of this section, "extended active duty" means active duty, other than for training, beyond the date of honorable discharge or separation, due to military requirements.
Preference in Layoffs
Where a layoff is necessitated in a covered position, similar preferences must be given to the covered employee in the retention process.
F.S. 110.2135, 295.07, 295.08, 295.085, 295.09
Revised 7/31/12© Neola 2012