Some federal workers are feeling anxious during the government shutdown. Around 1.4 million of them are not receiving paychecks and are forced to cut back on spending as they navigate this uncertain period.
Will Federal Employees Get Back Pay?
Good news for federal workers: both furloughed employees and those working through the shutdown are entitled to back pay. This is based on the Government Employee Fair Treatment Act of 2019. This law clearly states that all affected workers will be compensated for their time off, and those who must work without pay will receive their regular wages.
Confusion and Legal Opinions
However, there’s confusion surrounding who qualifies for back pay. A recent memo from the White House raised doubts about guaranteed payment for furloughed workers. President Trump mentioned on October 7 that back pay “depends on who we’re talking about.”
Legal experts argue that the 2019 law protects employees unequivocally. Max Stier, from the Partnership for Public Service, emphasized that the act guarantees automatic back pay. In similar terms, Dan Meyer, a labor attorney in D.C., pointed out that the law appropriates this payment, meaning it must happen if legally challenged.
This contradicts earlier guidance from the U.S. Office of Personnel Management, which stated that both furloughed and working employees would receive retroactive pay once the government is funded again.
How Soon Will Employees Get Paid?
Once the shutdown ends, federal employees should receive their back pay as soon as possible. The law prioritizes automatic payment to ensure they are compensated without delay. Michael LeRoy, a labor relations professor, confirmed that the entitlement to back pay is clear.
Many federal workers saw their last paycheck on October 10 and were due to be paid again on October 24. Unfortunately, they haven’t received anything since then, as the shutdown stretched into its 27th day with no end in sight.
What About Contractors?
Federal contractors, unlike federal employees, do not have guaranteed back pay. LeRoy noted that contract workers are not covered by this law. They can only continue working if their contracts are fully funded.
Unemployment Benefits for Workers
During the shutdown, federal employees may qualify for unemployment benefits. The Unemployment Compensation for Federal Employees program assists those who lost their jobs due to no fault of their own. Workers can receive benefits for 26 weeks, with amounts varying by state.
Once back pay is received, it can lead to adjustments in unemployment benefits to prevent overpayment. However, employees who continue working during the shutdown are generally not eligible for these benefits.
Conclusion
This situation highlights the uncertainty many government employees face during shutdowns. The conflicting messages and legal implications leave them in a tough spot. The path ahead will depend on the government’s resolution of the funding impasse.
For more details, you can refer to the official guidance on Unemployment Compensation or updates from relevant legal experts for the latest insights on federal worker compensation during shutdowns.
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