It's crucial for federal contractors and subcontractors to capture the relevant employee data on protected veterans needed to put together the VETS-4212 Report now.
The information used in the report requires using employee data from a July or August pay period, and the filing deadline of September 30 itself is fast approaching. The following FAQ provides useful references and tips to help federal contractors and subcontractors understand what they will need to put together and file the VETS-4212. For a full program overview, visit the Veterans’ Employment and Training Service (VETS) Federal Contractor Reporting page.
What is the VETS-4212 Report?
The VETS-4212 is an annual report required under the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) by the U.S. Department of Labor (DOL) Veterans’ Employment and Training Service (VETS). Companies with federal contracts or subcontracts are required to keep three years of their VETS-4212 reports in order to fulfill their affirmative action obligations in employing veterans. If selected for an Office of Federal Contractor Compliance Programs (OFCCP) audit, a company will be asked to submit its most recently filed VETS-4212 Report.
To put together the information needed for the VETS-4212 Report, contractors are required to invite applicants to self-identify as protected veterans both pre-offer and post-offer on a voluntary basis. Contractors don't have to regularly solicit veteran status from current employees, however, they do need to know whether their employees are protected veterans, and must maintain records in order to prepare the VETS-4212 Report. Do applicants and employees have questions about their veteran status? The OFCCP recently published the infographic “Am I a Protected Veteran?” to help veterans determine if they fall under the “protected” umbrella. Take a look at the infographic here.
Who must file?
All nonexempt federal contractors and subcontractors with $100,000 or more in federal contracts need to prepare a VETS-4212 Report. The report must be submitted for the company headquarters, and separately for each hiring location. See the full requirements here.
When to file?
The annual VETS-4212 Report must be filed no later than September 30, unless an extension is needed. To request an extension, a contractor must send an email to VETS4212email@example.com by September 30, with the company's name, company number, address and the responsible individual's contact information.
How to file?
The preferred method is to file the VETS-4212 data electronically through the VETS Web-based Filing System, accessible here. The online filing requires a User Name and Password. The Instructions for Electronic Submission of VETS-4212 Reports for 2015 provides helpful information, as well as a list of all required data by fields.
What to file?
Data used for the VETS-4212 Report must be from a pay period from July or August of the current year. The employee information required for the VETS-4212 form consists of counts of all full time and part time employees employed on the end date of the selected payroll period in total and by protected veteran status aggregated. Table 1 (below) is excerpted from the VETS-4212 form and illustrates the types of information that must be collected and how the information must be organized.
Source: Federal Contractor Veterans' Employment Report VETS-4212, OMB NO: 1293-0005, http://www.dol.gov/vets/programs/fcp/vets-4212.pdf
In Table 1, the counts are broken down by the 10 EEO-1 job categories. In addition, the report includes counts of new hires during the twelve months preceding the selected payroll period end date in total and for protected veterans alone. Breaking these totals down by the 10 EEO-1 job categories is optional. Note, the current version of the VETS-4212 report eliminated the need to report the protected veterans by each specific protected category, as discussed in an earlier blog, "New VETS-4212 Eliminates Double Counting." An additional reporting requirement is the Maximum/Minimum Number of Employees, or the maximum and minimum number of permanent employees active during the twelve-month period of the report.
The sample VETS-4212 form (in pdf format) has complete, detailed instructions and definitions, including a definition of protected veterans. Here is the pdf.
A Few Tips:
- Prepare and submit your VETS-4212 Report as early as possible to avoid website congestion.
- Pull the data once, if possible - Companies with July or August Affirmative Action Plan (AAP) years can use the same data to prepare the AAP, EEO-1 Report and VETS-4212 Report.
- New federal contractors might need to survey their current workforce to determine those employees who are protected veterans.
If you still have questions about the VETS-4212 report, contact one of our OFCCP Compliance experts.