The White House’s Office of Management and Budget (OMB) says federal employees furloughed during the ongoing government shutdown are not automatically entitled to back pay. In a draft memo obtained by Axios, OMB general counsel Mark Paoletta told budget director Russell Vought that the Government Employee Fair Treatment Act (GEFTA) of 2019 does not guarantee payments. Back pay requires explicit congressional appropriations.
“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 recently revised guidance on the shutdown, removing references to GEFTA, clarifying that the law only sets conditions for back pay rather than ensuring it.
Former President Donald Trump, speaking from the Oval Office, said back pay depends on “who we’re talking about” and mentioned plans for program cuts and potential layoffs if the shutdown continues. House Speaker Mike Johnson acknowledged that federal workers should receive back pay but noted legal debates about the law’s requirements.
Democrats sharply criticized the OMB’s stance. Senator Chris Van Hollen called it “fear mongering,” while Senator Patty Murray said it was “lawless” and an attempt to deny federal workers their legally owed compensation under GEFTA.
Approximately 750,000 federal employees have been furloughed during the seven-day shutdown, facing financial strain as agencies remain closed. The dispute over back pay highlights political tensions in Washington, with Republicans citing the need for congressional authorization and Democrats insisting workers are legally owed their pay.
The ongoing shutdown raises concerns about government accountability, employee protections, and the wider impact on Americans who rely on federal services, as pressure grows on both parties to reach a resolution.
