The Trump administration is taking aim at a decades-old practice that has long provided financial relief to federal employees impacted by government shutdowns. According to a draft memo from the Office of Management and Budget (OMB), the administration argues that furloughed federal workers are not automatically entitled to back pay once a shutdown ends — a major break from the policy followed by previous administrations.
The document, first obtained by NBC News, claims that the Government Employee Fair Treatment Act of 2019 does not guarantee compensation without explicit congressional approval. This reinterpretation could prevent hundreds of thousands of federal workers — from park rangers to air traffic controllers — from receiving pay for missed time unless Congress passes a specific funding measure.
Historically, both Republican and Democratic administrations have restored back pay after shutdowns, with the 2019 act codifying that expectation following a record 35-day closure starting late in December of 2018. But the current White House contends that the language in that law does not actually appropriate funds — it only authorizes them. The administration says this means lawmakers must still pass separate legislation to release the money, a position that could delay payments indefinitely.
The move has drawn immediate backlash from unions and members of Congress, who accuse the administration of weaponizing the shutdown to pressure lawmakers. The American Federation of Government Employees, the largest federal workers’ union, has already announced plans to sue, calling the proposal “illegal, immoral, and economically reckless.” Democratic leaders, meanwhile, argue the administration is undermining federal workers’ stability at a time of growing public frustration over the shutdown’s economic toll.
As of this week, hundreds of thousands of federal employees remain furloughed or working without pay, with no clear end in sight. The Office of Personnel Management and OMB have declined to comment publicly beyond confirming that the draft memo exists, while congressional leaders continue to negotiate a funding deal that could determine not just the reopening of the government — but whether thousands of Americans will be made whole after weeks without pay.
