Veterans' Tenure — After Three Years You Are the Last One Laid Off
A veteran who has held a state non-civil-service job for more than three years may not be involuntarily separated for lack of work or lack of money while similar positions still exist. Where more than one veteran must go, the separations run in reverse order of appointment. This is the protection nobody knows about, because the well-known one — civil service preference — helps you get hired and stops there. Tenure is what happens afterwards, and it applies precisely to the non-civil-service jobs that people assume have no protection at all.
Verified August 27, 2026
What this benefit is
A veteran who has held a state non-civil-service job for more than three years may not be involuntarily separated for lack of work or lack of money while similar positions still exist. Where more than one veteran must go, the separations run in reverse order of appointment. This is the protection nobody knows about, because the well-known one — civil service preference — helps you get hired and stops there. Tenure is what happens afterwards, and it applies precisely to the non-civil-service jobs that people assume have no protection at all.
What it's worth: Protection from layoff for lack of work or money, after three years in the post
- It applies to a veteran holding a state NON-CIVIL-SERVICE position for more than three years.
- The employer may not separate you for lack of work or lack of money while similar positions exist.
- Where several veterans must go, separations run in REVERSE ORDER OF APPOINTMENT — the most recently appointed first.
- This is separate from and additional to civil service preference at M.G.L. c.31 §26.
- Three years is the threshold. Below it the protection has not attached.
Who is entitled to it
- You served in the U.S. armed forces.
- Your discharge meets the state veteran definition.
- You work for a Massachusetts public employer.
- The protection is in Massachusetts law.
Not sure whether that describes you?
Answer a few questions about this benefit specifically — we only ask what this one actually depends on, and we stop as soon as we know.
How to claim it
- 1Check the date you were appointed. The protection turns on more than three years in the post.
- 2If a layoff is proposed, say in writing that you claim veterans' tenure and ask which similar positions still exist.
- 3Ask for the order of appointment of any other veterans in scope — separations run in reverse order.
- 4Ask the Human Resources Division for guidance if the agency disputes it.
- 5Do this before you sign anything separating you. Tenure is a protection against the separation, not a remedy afterwards.
- Form
- Raised with the employing agency; Human Resources Division for guidance
- File with
- Employing state agency
- Documents you will need
- dd214
- No renewal
- Once granted it does not need renewing.
Sources
- authority · statuteMassachusetts Veterans' Laws and Benefits — veterans' tenure
- operating · published policyMassachusetts Human Resources Division
This finder provides an informational match, not a government eligibility determination. The responsible agency decides your application.