Federal Workers Face Uncertainty Over Back Pay Amid Government Shutdown

Tue Oct 21 2025 02:21:31 GMT+0300 (Eastern European Summer Time)

The Trump administration's recent memo raises concerns about back pay for furloughed federal employees, with conflicting interpretations across party lines.

In the wake of the ongoing government shutdown, the Trump administration has indicated that some federal workers may not receive back pay when funding resumes, conflicting with prior legislation aimed at protecting them. As approximately 750,000 employees go without regular pay, lawmakers, including House Democrat Hakeem Jeffries, assert that the law mandates back pay for all furloughed workers. The situation has sparked a heated debate with Republicans and Democrats divided over the interpretation of existing laws and the implications for future resolutions regarding reopening the government.

The Trump administration is warning federal workers furloughed during the government shutdown that they may not receive back pay once the funding impasse ends, eliciting claims from some lawmakers that this stance is illegal.

A memo from the Office of Management and Budget indicates that a 2019 law, signed by President Trump, which guarantees retroactive pay after a shutdown, does not apply to employees who were furloughed and temporarily barred from reporting to work.

On Tuesday, Trump noted that back pay 'depends on who we're talking about' and suggested some workers 'don't deserve to be taken care of'.

Currently, around 750,000 federal employees are without their regular wages as the shutdown enters its first week.

The top Democratic leader in the U.S. House, Hakeem Jeffries, strongly disagrees with Trump’s interpretation, asserting, 'The law is clear — every single furloughed federal employee is entitled to back pay, period.'

The memo, initially prepared last week but widely reported only on Tuesday, clarified that employees deemed essential by the government would be paid for their work during the shutdown. In contrast, those who were furloughed had no guaranteed right to retroactive pay.

The 2019 legislation, passed following a lengthy shutdown, mandates compensation for federal workers furloughed or required to work during a lapse in appropriations that began after December 22, 2018.

The current shutdown commenced on October 1, amid ongoing deadlock in Congress as both parties present competing resolutions for re-opening the government. Democrats seek to address healthcare, while Republicans aim for a 'clean' budgetary resolution.

House Speaker Mike Johnson remarked he had yet to confer with the White House regarding back pay but mentioned emerging legal analyses disputing the obligation to compensate furloughed employees, which could influence legislative negotiations.

Critics, including Democratic Senator Mark Warner from Virginia, labeled the OMB memo as 'illegal', accusing it of being a harmful maneuver intended to intimidate federal workers. Republican senators also expressed skepticism about Trump’s remarks, with Senator John Thune expecting furloughed workers to receive back pay. Senator Thom Tillis cautioned against fostering uncertainty around back pay, deeming it a 'strategic mistake'.