Bipartisan Letter Urges OMB to Follow the Law and Provide Back Pay to Furloughed Federal Employees

Strategic Insights -

A bipartisan group of 78 lawmakers, led by U.S. Sens. Mark Warner (D-VA), Tim Kaine (D-VA), Lisa Murkowski (R-AK), Chris Van Hollen (D-MD), and Angela Alsobrooks (D-MD), have sent a letter to Office of Management and Budget (OMB) Director Russell Vought urging him to follow the law and provide back pay to furloughed federal employees during the current government shutdown. The lawmakers are referencing the Government Employee Fair Treatment Act of 2019, which was passed and signed into law by President Trump in 2019, ensuring that all federal employees, regardless of status, are entitled to back pay after a government shutdown ends.

The lawmakers are concerned that the OMB's recent update to the Frequently Asked Questions During a Lapse in Appropriations document implies that furloughed federal workers are not entitled to back pay. They are requesting that the OMB clarify and update its guidance to affirm that furloughed employees will receive back pay, as required by law. The law was enacted to guarantee back pay for all impacted federal workers once a government shutdown ends and is consistent with the guidance provided by federal agencies, including the Office of Personnel Management (OPM).

Key Takeaways:

  • The Government Employee Fair Treatment Act of 2019, passed in 2019, requires that all federal employees, regardless of status, receive back pay after a government shutdown ends.
  • The law was signed into effect by President Trump in 2019 and has been upheld as a bipartisan measure to ensure fair treatment of federal employees.
  • The OMB's recent update to the Frequently Asked Questions During a Lapse in Appropriations document has raised concerns about the entitlement to back pay for furloughed federal employees during the current shutdown.
  • The letter is cosigned by 78 bipartisan lawmakers, including Sens. Warner, Kaine, Murkowski, Van Hollen, and Alsobrooks, as well as Reps. Don Beyer (D-VA-08), Steny Hoyer (D-MD-05), and others.
  • The OPM's shutdown guidance from 2025 still states that furloughed federal workers will be provided back pay once the government reopens, aligning with the legislation in place.
  • The lawmakers are seeking the OMB's clarification and update on back pay entitlement for furloughed employees, which would provide necessary relief to nearly 2.2 million federal employees affected by the current shutdown.

Statistics:

  • 78 lawmakers, including senators and representatives, signed the bipartisan letter to the OMB.
  • The Government Employee Fair Treatment Act of 2019 was passed and signed into law by President Trump in 2019.
  • The law requires that all federal employees, regardless of status, receive back pay after a government shutdown ends.
  • The OPM's shutdown guidance from 2025 still states that furloughed federal workers will be provided back pay once the government reopens.
  • The federal workforce comprises nearly 2.2 million employees, with furloughed workers experiencing unnecessary stress due to the OMB's recent update.

Sources:

  • "Letter to OMB Director Russell Vought" by U.S. Sens. Mark Warner (D-VA), Tim Kaine (D-VA), Lisa Murkowski (R-AK), Chris Van Hollen (D-MD), and Angela Alsobrooks (D-MD)
  • "Government Employee Fair Treatment Act of 2019"
  • "OMB's Frequently Asked Questions During a Lapse in Appropriations document"
  • "Office of Personnel Management (OPM) shutdown guidance from 2025"