It’s now been two weeks since the government shutdown began. During this time, federal employees whose work is not considered “essential to preservation of life or property” (i.e., non-excepted) have been furloughed. In fact, on January 16, 2019, following the longest government shutdown in Unit
ed States history, President Trump signed into law the Government Employee Fair Treatment Act of 2019 (“GEFTA”).
What is GEFTA?
GEFTA amends the Anti-deficiency Act to automatically authorize retroactive pay for federal employees after a government furlough. In other words, GEFTA’s purpose is to ensure furloughed employees get paid without needing to seek Congressional approval. The statute states:
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…”
In fact, the bill’s summary explicitly affirms that employees “must be compensated” on the earliest date possible. The bill received bipartisan support in Congress. The House of Representatives voted under “suspension of the rules,” which are used for non-controversial bills. Only seven Representatives and zero Senators voted against the bill.
Will the government pay furloughed employees?
On October 7, 2025, the White House unexpectedly announced that the government may not pay federal employees for the time they were furloughed after the current shutdown ends. This has sparked controversy, as it directly contravenes GEFTA —a bill signed into law by the first Trump administration. Lawmakers and lawyers have spoken out, explaining that the White House’s reading of the statute, including its amendment, not only conflicts with the plain meaning of the text, but also frustrates the purpose of amending the Anti-deficiency Act to include this provision.
Federal agencies have abruptly altered guidance to reflect the White House’s position. Notably, an Office of Management and Budget (“OMB”) document, Frequently Asked Questions (“FAQ”) During a Lapse in Appropriations, previously specified that, “upon enactment of appropriations to end a lapse, both furloughed and excepted employees will be paid retroactively as soon as possible after the lapse ends, regardless of scheduled pay dates.” However, OMB recently removed that language from the FAQ document.
Do I need an employment attorney?
If you do not receive back pay after Congress reinstates government funding, contact us to assist you. Alan Lescht and Associates, P.C., has extensive experience representing federal employees. Contact us today to schedule a consultation with an experienced attorney to discuss your situation and learn how we can help you achieve the best possible outcome during this challenging time.
