Today marks the federal government shutdown seventh day, affecting an estimated 750,000 federal workers who have already been furloughed. As the stalemate drags on, uncertainty hangs over whether these workers will get retroactive pay once the government eventually reopens its doors. The Office of Management and Budget (OMB) recently provided a significant clarification. They explained that an amendment to the Government Employee Fair Treatment Act (GEFTA) of 2019 currently lacks the funding guarantees needed for furloughed workers.
OMB has also given strong public signals that Congress should appropriate supplemental funds for back pay. This needs to be part of any legislation that finally ends the current funding lapse. OMB’s general counsel, Mark Paoletta, has been very clear that there should be very specific language in any new bills passed including back pay. He stated,
“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.”
The limbo-like situation around back pay has raised ire from top Democratic leaders. Senator Patty Murray of Washington, the top Democrat on the Senate Appropriations Committee, condemned the plan to reinterpret GEFTA. She called it “lawless.” She didn’t mince words, saying that Republicans were trying to stop furloughed workers from getting paid what they earned.
“They’re plotting to try and rob furloughed federal workers of back pay at the end of this shutdown,” – Patty Murray.
Additionally, Senator Chris Van Hollen of Maryland characterized the ongoing situation as “more fear mongering from a president who wants a blank check for lawlessness.” His comments reflect a growing frustration among Democrats regarding the handling of the shutdown and its implications for federal employees.
We’re glad that the OMB’s position would help protect the furloughed workers retroactively. Most importantly, it impacts everyone who relies on critical government services halted by the shutdown. As negotiations continue, several Republicans have suggested that the uncertainty over back pay should pressure congressional Democrats into supporting a continuing resolution to reopen the government.
Perhaps most importantly, some legal experts contend that, as a matter of law, back payments aren’t required under the statute. The political consequences of this dynamic are still quite bad. Republican leadership has not addressed whether impacted workers would be compensated once the government reopens. Right now, millions of Americans are caught in confusing limbo.
This month’s extended shutdown has already taken a serious toll on thousands of federal workers across our state and the other states represented here today. As these conversations continue, millions are uncertain about what their financial future looks like during this never-before-seen crisis.