President Donald Trump signed a bill providing back pay to federal employees affected by the ongoing partial government shutdown, the White House announced Wednesday.
Trump signed the Government Employee Fair Treatment Act of 2019, which the White House said “requires the compensation of government employees for wages lost, work performed, or leave used during a lapse in appropriations that begins on or after December 22, 2018, and entitles excepted employees to use leave during a lapse in appropriations.”
Sen. Ben Cardin, D-Maryland, who sponsored the bill, tweeted that Trump signing the legislation “is an important step toward providing our civil servants with some stability and hope.”
“But it doesn’t help pay the bills *now.* To do that, we MUST reopen the government. #EndTheShutdown,” added Cardin, whose state neighbors Washington and is home to many federal workers.
Earlier Wednesday the President met with members of the so-called Problem Solvers Caucus, a bipartisan group of members of Congress, to negotiate amid the shutdown revolving around funding a US-Mexico border wall.
White House press secretary Sarah Sanders said the meeting was “constructive” and that the group attendees “listened to one another and now both have a good understanding of what the other wants.”
A member at the White House meeting described it as a respectful exchange of ideas and an agreement to keep talking, but said there were no signs they are closer to a deal. In fact, Democrats kept pushing to reopen the government before immigration talks. Ad Feedback Ad Feedback Ad Feedback Ad Feedback Ad Feedback
The federal government occasionally experiences shutdowns when Congress fails to pass appropriations bills required to fund government operations and agencies. These shutdowns, even if partial, result in many federal employees being furloughed without pay. To provide relief for these workers, Congress has passed legislation ensuring back pay once government funding is restored.
Background on Government Shutdowns
A government shutdown occurs when appropriations bills funding federal operations have not been passed by Congress and signed into law by the President. Without appropriations most government agencies must cease non-essential operations until new funding is provided. Employees in non-essential roles are furloughed without pay during the shutdown.
Shut downs can be full or partial depending on how many appropriations bills are unresolved. Shutdowns in recent decades have usually been partial, with some agencies able to maintain essential services like law enforcement, national security, air traffic control, etc. Still, even a partial shutdown results in hundreds of thousands of federal employees being furloughed.
Some major shutdowns in recent years include
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2018-2019 shutdown – Lasted 35 days from December 2018 to January 2019 over border wall funding disputes. Around 380,000 federal employees were furloughed.
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2013 shutdown – Lasted 16 days in October 2013 related to Affordable Care Act disputes. Roughly 850,000 federal employees were furloughed.
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2018 shutdown – Lasted 3 days in January 2018 linked to immigration debates. Around 692,900 federal employees were furloughed.
These shutdowns created major hardship for federal employees missing paychecks through no fault of their own.
Legislation Providing Back Pay
To provide relief, Congress has passed legislation ensuring federal employees receive back pay after the shutdown ends. Key laws include:
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Government Employee Fair Treatment Act of 2019 – Guarantees all federal employees impacted by a shutdown will receive back pay when funding is restored. Covers both furloughed employees and those required to work.
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219 Homeland Security Appropriations Act of 2014 – Provided back pay for employees furloughed during the 2013 shutdown.
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Back Pay Act of 1990 – Allows retroactive pay for federal employees unable to work because of missed appropriations, with some exceptions.
While these laws require back pay eventually, employees still face hardships like missed bill payments during prolonged shutdowns until funding is approved.
How the 2019 Back Pay Law Works
The Government Employee Fair Treatment Act of 2019 provides the most comprehensive back pay protections for federal workers to date. Here is how it works:
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Covers all impacted federal employees – Applies to both employees placed on furlough and excepted employees required to work without pay during shutdowns.
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Guarantees retroactive pay – Requires that once funding is restored, all impacted federal employees must receive back pay for time missed.
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Pays at earliest date – Back pay must be provided as soon as possible after the shutdown ends, regardless of normal pay dates.
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Future shutdowns included – The law statutorily guarantees back pay for future shutdowns, not just the 2018-2019 shutdown during which it passed.
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Flexible leave use – Allows excepted employees to take previously scheduled paid leave during shutdowns and places them on furlough status.
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Contractor coverage – Does not cover federal contractors, but contractors can individually decide to pay employees retroactively.
This law provides significant peace of mind for federal employees who now know back pay is guaranteed by law if a shutdown occurs.
The Back Pay Process
When a shutdown ends and government funding is restored, the back pay process for impacted federal employees includes:
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Office of Management and Budget provides guidance to agencies on implementing back pay.
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Agencies determine which employees were furloughed or exempted.
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Employee payroll records are updated to show furlough status.
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HR inputs retroactive pay amounts to cover missed pay periods.
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Back pay is issued on the earliest possible pay date after shutdown ends.
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Any Unemployment Insurance benefits received are reviewed for potential offsets.
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Employees who worked overtime during the shutdown also receive retroactive premium pay.
It typically takes 2-4 pay periods to fully implement back pay across the government workforce affected by the shutdown.
Importance of Back Pay Legislation
Laws mandating back pay for federal employees impacted by government shutdowns provide important financial stability. Key benefits include:
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Allows employees to manage shutdowns without pay shortfalls.
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Avoids ruined credit, late fees, and other financial consequences.
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Prevents federal workers from seeking new jobs instead of waiting for back pay.
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Boosts morale and sense of value for government employees.
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Reinforces that shutdowns are failures of Congress, not civil servants.
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Maintains experienced talent within the government.
Federal employees dedicate their careers to public service. They should not suffer the effects of political budget showdowns. By guaranteeing back pay, Congress upholds its commitment to the government workforce. While agencies encourage savings to manage shutdowns, the back pay safety net provides essential relief for those who serve our country.
Congress approves bill to pay back federal employees once shutdown is over
FAQ
Do employees get paid during a government shutdown?
Employees who don’t have to work are “furloughed,” which means they don’t get paid and don’t have to do their jobs, until the shutdown ends. Will employees who are “excepted” get paid? Employees who are “excepted” and continue to work during the shutdown will almost certainly be paid for this time.
Does Congress still get paid during a government shutdown?
Members of Congress get their regular paychecks even when the government is shut down, while thousands of federal workers are furloughed and don’t get paid. During the 2018-19 government shutdown, more than 800,000 federal employees were furloughed without pay, including 6,000 in Minnesota.
Will government workers get back pay?
The Government Employee Fair Treatment Act, which was signed into law in 2019, makes sure that government workers who were furloughed get paid back when the shutdown is over.
What happens to contract workers during a government shutdown?
Contractors may be forced to furlough or lay off employees due to the shutdown as well. Contractors may not be given new contracts, requests for proposals may not be sent out, and procurement activities may end.
Do government employees get paid during a shutdown?
The Government Employee Fair Treatment Act, which became law in 2019, says that employees must be paid “as soon as possible after the lapse in appropriations ends,” no matter if they are furloughed or have to work during a shutdown. ” Congress is paid during a shutdown.
Will federal workers get back pay after a shutdown?
Congress used to have to approve back pay for federal workers who were furloughed after each shutdown, but now that process is done automatically. In the same way, workers who put in extra hours during the shutdown will get extra pay, but not until the government reopens.
Will trump guarantee back pay for federal employees impacted by shutdown?
You can subscribe to Federal Drive’s daily audio interviews on Apple Podcasts and PodcastOne. President Trump signed a new bill into law that will pay federal workers who lost money because of the partial government shutdown. Government Employee Fair Treatment Act covers both furloughed and excepted employees.
Will furloughed federal workers be paid during a shutdown?
Salaries: During a shutdown, federal workers who are furloughed or who have been deemed essential and have been forced to work because of a lack of funds will not be paid.
What happens if a government shutdown occurs during a pay period?
If there is a shutdown in the middle of a pay period, workers will still get paid on time for the work they did before the shutdown. Because of the shutdown, some payroll staff will be able to keep working to process and send out these payments. Read more: Government Shutdown.
Can government contractors get paid during a government shutdown?
But Congress has no real mechanism to ensure the federal contracting community gets paid during a government shutdown. Individual companies can decide to pay their contractor-employees when the shutdown ends, but again, there’s no guarantee.
