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Florida Administrative Code (Last Updated: November 11, 2024) |
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55. Department of Veterans' Affairs |
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55A. Division of Veterans' Benefits and Assistance |
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55A-7. Veterans' Preference In Appointment And Retention In Employment |
1(1) When an employee leaves employment of the state or its political subdivisions for the purpose of serving in the Armed Forces of the United States, Reserve Component of the United States Armed Forces or The Florida National Guard, and is separated therefrom with an honorable discharge, the state or its political subdivision shall reinstate or reemploy such person under the following conditions:
64(a) Reinstatement or reemployment is made to the same 73position as the position held before such service in the armed forces 85or to an equivalent position.
90(b) Reinstatement or reemployment is made within (one) 1 year of the date of separation from the military service, or, in the case of extended active duty 117for a required military purpose other than for receiving training, 127within (one) 1 year of the date of discharge or separation subsequent to the extension.
142(2) Persons reinstated or reemployed under this rule shall be awarded preference in promotion, and shall be promoted ahead of all other employees who are equally or less qualified for the position, if their service was full-time/active duty status for at least 90 consecutive days, or less, if discharged early while serving in a combat zone or due to medical reasons. When 204a numerically based selection process is used, 211such persons shall be eligible for 217and receive an award of 222preference points and ranking on the register as provided by Rule 23355A-7.010, 234F.A.C., of this chapter, 238and 239the state and its political subdivisions may also waive a postsecondary educational requirement 252in accordance with Rule 25655A-7.007, 257F.A.C., and promote the reservist or veteran ahead of all those who appear in an equal or lesser position on the promotional register, provided that he or she first successfully passes the examination for the promotional position294. 295When a numerically based selection process is not used, Rule 30555A-7.011, 306F.A.C., applies. 308Eligibility for preference in promotion shall apply only to a veteran’s first promotion after reinstatement or reemployment, without exception.
327(3) If the reinstated or reemployed person is not promoted, the person retains promotion preference eligibility until the first promotion following reemployment is satisfied.
351(4) Where the reinstated or reemployed person is not promoted and the register is vacated to establish a new register for the next promotion, such person shall retain eligibility for preference points and ranking on the new register as provided by Rule 39355A-7.010, 394F.A.C.
395Rulemaking Authority 397295.07(2) FS. 399Law Implemented 401295.08, 402295.085, 403295.09 FS. 405History–New 3-30-88, Formerly 22VP-1.0111, Amended 6-11-08, 6-27-16, 7-21-19, 8-17-22.
