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Some federal employees have received notifications stating that only staff currently working during the ongoing government shutdown will be paid when it reopens, despite a 2019 law guaranteeing back pay to furloughed workers.
Messages sent to segments of the government said: “Once an appropriation or continuing resolution is enacted, excepted employees are entitled to receive payment.” The line includes no reference to furloughed workers. Employees noted that earlier notices issued last month did not contain this language.
The shutdown began on October 1, with Democrats and Republicans at odds over health care policy. As the closure passed the 30-day point, agencies were legally required to send updated notices advising staff of their status for the next month. That is when the new phrasing appeared for many workers.
White House Press Secretary Karoline Leavitt said Tuesday that the question of back pay may be part of negotiations to end the shutdown.
“This is something we are very much open to discussing with Democrats as part of the discussions about the continuing resolution to keep the government open,” Leavitt said. “And it’s something that Republicans are talking with Democrats about right now.”
Revised notices remove back pay assurance
Some agencies, including the Defense and Commerce Departments, initially issued notices stating that furloughed employees would receive back pay. More recent notices removed that assurance, according to internal emails. Notices at the State Department in both months did not address back pay at all.
Officials at the Office of Management and Budget (OMB), the State Department, and the Defense and Commerce Departments did not immediately respond to requests for comment.
More than 650,000 workers have been furloughed without pay, while many of their colleagues continue working without pay. A smaller group, primarily active-duty military and law enforcement, continue to receive salaries because the administration identified funding sources.
A draft legal opinion circulated by OMB argued that furloughed workers would not receive back pay unless Congress specifically approved it. The draft appeared to conflict with the 2019 law requiring back pay for all affected employees once the shutdown ends. Members of both parties in Congress have said they expect workers to be repaid, though legislation to issue pay immediately has not advanced.
Shutdown cost and impact
The shutdown is on track to become the longest in US history, surpassing the 34-day closure in a previous term. During this period, the federal government has paid $15.7billion in salaries, a 24% reduction compared with the same period last year, based on the Penn Wharton Budget Model. More than half of the unpaid salaries would have gone to employees in Washington, DC, and eight states: California, Virginia, Maryland, Texas, Florida, Georgia, Pennsylvania and Washington.
Civilian employees in the Defense, Health and Human Services and Veterans Affairs Departments account for more than half of the $3.8billion reduction. Many workers have now missed two paychecks and are relying on credit, delaying bills and reducing household spending to essentials.
