The White House’s Office of Management and Budget (OMB) has said federal workers furloughed during the ongoing government shutdown are not automatically entitled to back pay.
In a draft memo obtained by Axios, OMB’s general counsel, Mark Paoletta, wrote to White House budget director Russell Vought that an amendment to the Government Employee Fair Treatment Act (GEFTA) of 2019 does not guarantee payments. He added that back pay requires explicit appropriations from Congress.
“The legislation that ends the current lapse in appropriations must include express language appropriating funds for back pay for furloughed employees, or such payments cannot be made,” Paoletta wrote.
The OMB had recently revised a guidance document on the shutdown to remove references to GEFTA, according to Government Executive, a media outlet covering the U.S. executive branch.
GEFTA was signed into law by Donald Trump following the 2019 shutdown, which lasted 35 days. Many had assumed the law automatically guaranteed federal workers’ pay after furloughs, but the OMB argues it only set conditions for back pay rather than providing a guarantee.
Trump and other Republican leaders have not clarified whether all furloughed workers will receive back pay when the government reopens. Speaking from the Oval Office on Tuesday, Trump said, “It depends who we’re talking about.” He also mentioned plans to announce permanent cuts to some government programs and possible layoffs if the shutdown continues.
House Speaker Mike Johnson said federal workers should receive back pay but noted that “some legal analysts [are] saying that [back payments] may not be appropriate or necessary, in terms of the law requiring that back pay be provided.” Several Republicans argued that the debate over back pay should pressure congressional Democrats to pass a continuing resolution to reopen the government.
Democrats, however, condemned the OMB’s interpretation as unlawful. Senator Chris Van Hollen of Maryland criticized the claim, saying it was “more fear mongering from a president who wants a blank check for lawlessness.”
Senator Patty Murray of Washington, a senior member of the Senate appropriations committee, called the reinterpretation “lawless.” She added, “They’re plotting to try and rob furloughed federal workers of back pay at the end of this shutdown. This flies in the face of the plain text of the law, which could not be more clear.”
Approximately 750,000 federal workers have been furloughed during the government shutdown, now in its seventh day, according to congressional records cited by the Washington Post. Many workers report financial strain as agencies remain closed and salaries are delayed.
The disagreement over back pay highlights growing tensions in Washington over the handling of the shutdown. Republicans point to the need for congressional action to authorize funds, while Democrats insist that federal workers are legally owed compensation under GEFTA.
As the shutdown continues, pressure mounts on both parties to reach a resolution. Federal employees, already facing uncertainty about their livelihoods, remain at the center of a high-stakes political dispute over legality, budget authority, and the interpretation of past legislation.
The debate underscores broader concerns about government accountability, employee protections, and the potential impact of prolonged shutdowns on millions of Americans who rely on federal services.
