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Washington, D.C. — A recently reported White House memo has ignited debate over whether federal employees furloughed during the ongoing government shutdown will receive back pay when the government reopens. The development has raised alarms among workers, unions, and lawmakers over a potential legal loophole in federal pay law.
The draft memo, first reported by Axios and confirmed by White House Press Secretary Karoline Leavitt, suggests that furloughed federal workers may not be entitled to retroactive compensation. This stance contradicts guidance issued by the Office of Personnel Management (OPM) in September, which affirmed that all federal employees would be paid for time missed during a shutdown.
Contradiction With Established Law
The memo appears to conflict with the Government Employee Fair Treatment Act of 2019, a law that requires back pay for all federal employees—whether they are furloughed or deemed essential and working without pay—following a lapse in appropriations.
The law explicitly states:
“Each employee of the United States Government… furloughed as a result of a covered lapse in appropriations shall be paid for the period of the lapse.”
The White House’s interpretation hinges on a clause stating payment is “subject to the enactment of appropriations Acts ending the lapse.” According to the administration, this means Congress must explicitly authorize back pay in any funding bill, rather than payments being automatic under the 2019 law.
If upheld, this position could leave hundreds of thousands of furloughed federal workers without guaranteed compensation for missed paychecks.
Political Implications Amid Shutdown
The memo arrives as the Trump administration and Republican leaders press for a GOP-backed continuing resolution to fund the government temporarily at existing levels. Some analysts believe the memo may be intended to increase pressure on Democrats to support the short-term spending bill.
When asked about back pay, President Donald Trump said:
“It depends on who we’re talking about. For the most part, we’re going to take care of our people. There are some people that really don’t deserve to be taken care of, and we’ll take care of them in a different way.”
The statement leaves uncertainty over which employees might receive compensation, fueling concern among those furloughed.
Lawmakers and Union Reactions
House Speaker Mike Johnson (R-La.) said he had not spoken directly with the White House but expressed hope that furloughed workers would receive back pay:
“I hope that the furloughed workers receive back pay. We have some extraordinary Americans who serve the federal government.”
Senate Minority Leader John Thune (R-S.D.) acknowledged he was not familiar with the law’s details but said he assumes workers will eventually be paid.
The American Federation of Government Employees (AFGE), the nation’s largest federal employee union, criticized the memo as an “obvious misinterpretation of the law.” Union president Everett Kelley accused the administration of using federal employees’ livelihoods as a political bargaining tool.
Confusion Over Updated White House Guidance
Complicating the issue, the White House recently revised its online shutdown FAQ. A September version referenced the 2019 law and guaranteed retroactive pay for all furloughed employees, but the updated version removed that reference, stating only that exempted employees are entitled to back pay.
This shift has created further uncertainty about the administration’s interpretation and whether Congress will need to act to ensure payment.
No Resolution Yet
The government shutdown continues, with Senate votes on short-term funding bills failing and no immediate action scheduled in the House, which is set to return on October 14. Democrats are pressing to include Affordable Care Act subsidy extensions in any funding package, while Republicans are focused on passing a clean continuing resolution.
Until an agreement is reached, federal workers remain in limbo, unable to predict when they will receive paychecks or when government services will resume fully.
Key Takeaways:
White House memo suggests furloughed federal workers may not automatically receive back pay after the shutdown.
The position contradicts the Government Employee Fair Treatment Act of 2019 and recent OPM guidance.
Administration argues Congress must explicitly approve back pay, citing a legal clause in appropriations law.
Federal employee unions and many lawmakers criticize the memo as a misinterpretation of the law.
Shutdown continues, leaving workers uncertain about pay and timing of government reopening.
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