Federal workers will get paid after shutdown: Here’s why

White House officials have raised the possibility that furloughed federal workers may not be entitled to back pay during the government shutdown.

Hundreds of thousands of federal workers woke up on Oct. 1 to find themselves furloughed or working without pay after government funding expired overnight.

President Trump said Tuesday that some furloughed federal workers “don’t deserve” back pay after a White House memo was draftedbulgeSome employees may not be able to receive wages after the government shutdown.

“I would say it depends on who we’re talking about,” Trump told reporters alongside Canadian Prime Minister Mark Carney. “I can tell you that Democrats are putting a lot of people at great risk and danger. But it really depends on who you’re talking about.

“For the most part, we take care of our employees,” he added. “Some people really don’t deserve to be taken care of. And we take care of them in different ways.”

The shutdown marks the first time since January 2019 that lawmakers have failed to reach an agreement to keep federal agencies open. The last government shutdown was during Trump’s first term and lasted 35 days – the longest in history.

The Congressional Budget Office (CBO) estimates that the last shutdown reduced economic output by $11 billion over the next two quarters, $3 billion of which the U.S. economy never recovered from.

CBO recently estimated that about 750,000 workers could be furloughed each day during the shutdown. Their combined compensation for every day they are out of work would cost the U.S. economy about $400 million.

Traditionally, once a deal is reached to reopen the government, Congress has voted to retroactively pay federal workers who are furloughed or working without pay.

But during the 2018-19 government shutdown, Congress passed the Government Employees Fair Treatment Act of 2019, which has been broadly interpreted to require back pay for federal employees and public officials in Washington, D.C., who were furloughed or required to work without pay during the shutdown.

“Employees must be compensated as soon as possible after the lapse ends, regardless of their scheduled pay date,” the law states. “Employees who are required to work during the lapse of an appropriation may be furloughed.”

but oneNew memo from the Office of Management and Budget (OMB)Showing that the law has been misunderstood in the past, it does not automatically ensure furloughed workers are compensated once the government reopens.

The White House memo cited a revised version of the 2019 law that added a sentence saying furloughed workers would receive back pay “subject to the enactment of an appropriations bill ending the furloughs.” According to Axios, the White House interpreted this statement to mean that funding for these workers must be specifically appropriated by Congress.

The memorandum explains the law asinconsistent with guidanceThe Office of Personnel Management (OPM) made the announcement last month before the government shutdown.

The guidance addresses “frequently asked questions” including whether furloughed employees will be paid.

“Yes. After the grant lapse ends, employees who were furloughed as a result of the lapse will receive retroactive pay for the period of leave,” the guidance states. “Regardless of the scheduled pay date, back pay will be provided as soon as possible after the lapse ends.”

some republicanscountered the threatThe White House said federal workers may not be compensated once the government reopens.

“I think it sends a terrible message to those who are now essentially hostages to the Democrats who shut down the government and did not agree to a clean (continuing resolution),” Sen. Thom Tillis (R-N.C.) told reporters of the memo. “I think it’s a bad strategy.”

Tillis said the threat sends the wrong message to federal workers, who have been furloughed since Oct. 1 and may need to borrow money to pay their bills.

“I do think there’s some frustration in the White House, but these are people who, if they were members of a credit union, would probably be borrowing money to pay their bills,” Tillis said. “Not everyone can withdraw their retirement savings or anything else,” he said.

Senator John F. Kennedy (Republican, Louisiana)told reporters on tuesdayThe president does not have the authority to decide whether furloughed federal workers are entitled to back pay.

Asked about the Trump administration’s “not necessarily committing to back pay” to federal workers, Kennedy said: “That’s not up to the president.”

According to one person, “I mean, his opinion is important, but Congress has to appropriate the money. Read the Constitution.”Video posted onlineCBS News reports.

However, when asked about the arguments in the memo, Kennedy said: “Well, you need to talk to the White House. I haven’t read the memo.”

Originally published on October 1 at 11:09 AM

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