Puerto Rico Veterans Employment Preference and Reemployment

Article 4F of Ley 203-2007 is the broadest veterans employment provision in this catalog, and the reason is its first line. The obligations fall on the Government of Puerto Rico, its agencies, instrumentalities, public and quasi-public corporations, municipalities, "y todas las personas particulares, naturales o jurídicas, que operan negocios en Puerto Rico." Every private business operating in Puerto Rico is bound by it. Six obligations follow. Preference in appointment and promotion. Give preference to a veteran, in equality of academic, technical or experience conditions, in appointment or grant of promotion for any post, employment or work opportunity, including regular, transitory, permanent, temporary, full-time, part-time and fixed-term work. Note that this reaches promotion, which most veterans preferences in this catalog do not. Reinstatement. Restore a veteran or reservist to the same job held when called to, or voluntarily rejoining, the Armed Forces, or to an equivalent or similar job, if the veteran formally requests it of the employer within one hundred eighty days of honorable discharge. If that position no longer exists the veteran has priority for placement in another job within the company or agency, and the employer is responsible for making a maximum effort to retrain or qualify the veteran. The Act adds that this does not displace obligations the employer may have under the Americans with Disabilities Act or other federal or state law benefiting a returning veteran. The exam bonus, which is the sharpest provision. Where a veteran has taken any test or examination as part of an application for entry, re-entry or promotion, and has obtained the minimum score required to qualify, the veteran's right is guaranteed to have "diez (10) puntos o el diez por ciento (10%), lo que sea mayor" added to the score obtained. Ten points or ten percent, whichever is greater, on a qualifying score, for entry and for promotion alike. Missed examinations. Offer competitive examinations to any veteran who could not sit them because of active service, where the veteran requests within one hundred eighty days of returning to work, and on passing, include the veteran's name on the corresponding list or register. Notice of vacancies. Circulate announcements of any open competitive post, of every employment category, to the Oficina del Procurador del Veterano, which notifies duly organised veterans organizations through its website, the Government of Puerto Rico portal, or another appropriate medium. Reemployment rights. The right to reemployment is guaranteed to any member of the United States Armed Forces holding a regular post in government or in private enterprise, to an equal or similar post with the same rights and privileges, expressly including seniority as though the employee had continued occupying the post without interruption, along with any growth or development the post would have had. The right extends for the period the veteran is on active duty "sin importar la cantidad de años" served. It is not retroactive for a person who was not previously a veteran or a reserve member and voluntarily enlists as a new entrant into the regular forces. Enforcement is real. Under Article 9 a person who violates any of these rights commits a misdemeanor punishable by a fine of up to two thousand dollars. Businesses or government agencies and individuals who obstruct or act so as to affect the rights of service members or veterans are liable for the damage caused, including attorney's fees, and the judge may award up to triple damages. The Procurador del Veterano is authorised to investigate and prosecute violations and to represent injured veterans in the courts of Puerto Rico, and may impose administrative fines of up to five thousand dollars per violation on non-complying government bodies and municipalities. Article 10 is the rule of construction: interpret the Act in the way most liberal and beneficial for the veteran, and where it conflicts with any other law, the provision more favourable to the veteran prevails. USERRA applies in Puerto Rico too, and 38 U.S.C. § 4303(14) names the Commonwealth expressly. Where the two differ, use the more protective; Article 4F's 180-day reinstatement window and its private-sector preference are in places broader than the federal scheme, and nothing in it can cut a USERRA right down.