Murkowski and Colleagues Urge Administration to Follow Law on Back Pay for Furloughed Federal Workers
Washington, DC – Today, U.S. Senators Lisa Murkowski (R-AK), Tim Kaine (D-VA), Chris Van Hollen (D-MD), Angela Alsobrooks (D-MD), and Mark R. Warner (D-VA) and U.S. Representatives Don Beyer (D-VA-08) and Steny Hoyer (D-MD-05) led their colleagues in sending a letter to Office of Management and Budget (OMB) Director Russell Vought urging OMB to follow the law—which President Donald Trump signed in 2019—that requires furloughed federal employees to receive back pay after a government shutdown ends.
The members underscore that the Government Employee Fair Treatment Act of 2019 is clear that all federal employees, whether they are excepted or furloughed, are entitled to back pay after a government shutdown ends.
“The law is clear: all impacted government employees, regardless of excepted or furloughed status, are entitled to back pay after a government shutdown ends, which is consistent with the guidance currently provided by federal agencies, including the Office of Personnel Management (OPM),” the members wrote. “OPM’s shutdown guidance from September 2025 still states that furloughed federal workers will be provided back pay once the government reopens.”
The members continued, “The decision by OMB to remove critical guidance on federal employee back pay is causing unnecessary stress for the federal workforce comprised of nearly 2.2 million employees.”
“We request you immediately clarify and update the Frequently Asked Questions During a Lapse in Appropriations Document and other relevant materials to affirm that furloughed employees will receive back pay, as is required by law,” the members concluded.
Full text of the letter is available here and below:
Dear Director Vought:
The Office of Management and Budget’s (OMB) recent update to the Frequently Asked Questions During a Lapse in Appropriations document implies that furloughed federal workers are not entitled to back pay. Additionally, a draft OMB memo stated the administration would deny back pay to furloughed federal workers for the current government shutdown. During the 2018-2019 shutdown, we worked with President Trump to enact the Government Employee Fair Treatment Act (GEFTA) of 2019, the intent of which is clear – federal employees are entitled to retroactive pay in the event of a government shutdown. We applauded President Trump for signing this bipartisan bill into law.
On January 16, 2019, the Senate unanimously passed the Government Employee Fair Treatment Act to guarantee back pay for all impacted federal workers once a government shutdown ends. This law was enacted during the longest government shutdown which lasted 35 days at the end of 2018, and into the beginning of 2019. Prior to the law’s passage, Congress had to pass specific legislation after each shutdown to ensure furloughed workers received back pay.
Explicitly, the law guarantees back pay for all federal employees in the event of a government shutdown. “Each employee of the United States Government or of a District of Columbia public employer furloughed as a result of a covered lapse in appropriations shall be paid for the period of the lapse in appropriations, and each excepted employee who is required to perform work during a covered lapse in appropriations shall be paid for such work, at the employee’s standard rate of pay, at the earliest date possible after the lapse in appropriations ends, regardless of scheduled pay dates, and subject to the enactment of appropriations Acts ending the lapse.” The law requires that retroactive pay be required in the event of any government shutdown after December 22, 2018.
The law is clear: all impacted government employees, regardless of excepted or furloughed status, are entitled to back pay after a government shutdown ends, which is consistent with the guidance currently provided by federal agencies, including the Office of Personnel Management (OPM). OPM’s shutdown guidance from September 2025 still states that furloughed federal workers will be provided back pay once the government reopens. The decision by OMB to remove critical guidance on federal employee back pay is causing unnecessary stress for the federal workforce comprised of nearly 2.2 million employees.
Thus, we request you immediately clarify and update the Frequently Asked Questions During a Lapse in Appropriations Document and other relevant materials to affirm that furloughed employees will receive back pay, as is required by law.