White House memo argues furloughed workers not guaranteed backpay

A draft memo from the Office of Management and Budget (OMB) is raising the possibility that furloughed federal workers may not be entitled to backpay from their time off during the government shutdown.

An administration confirmed to The Hill that the memo, which was first reported by Axios, hinges on an aggressive interpretation of the Government Employee Fair Treatment Act of 2019, which President Trump signed during the last government shutdown.

The OMB memo argues that the law does not automatically guarantee that all furloughed employees are guaranteed backpay. It cites a line in the amended version of the law, which states that furloughed workers will receive backpay "subject to the enactment of appropriations Acts ending the lapse.”

Attempts to withhold backpay for furloughed work