White House Won’t Guarantee Back Pay for Furloughed Workers, Even Though It’s Law

The White House on Tuesday would not guarantee that all furloughed federal workers will receive back pay — despite a 2019 law signing by Donald Trump that ostensibly guarantees retroactive pay. The Washington Post

According to a report by the The Washington Post, the administration has sent notifications to federal-staff claiming that only those who worked during the government shutdown will be eligible for pay when the funding lapse ends. The Washington Post

During a press briefing, White House Press Secretary Karoline Leavitt said the administration is “open to discussing with Democrats” the issue of back pay — indicating that federal worker compensation is being used as a bargaining lever in the shutdown stalemate. However, Leavitt refused to detail what those discussions would look like, or explain why a law guaranteeing back pay is now up for negotiation.

What law is at issue

The law in question is the Government Employee Fair Treatment Act of 2019 (GEFTA), which was passed and signed into law by President Trump. It requires that both furloughed and excepted employees receive retroactive pay once appropriations lapse ends. Wikipedia

Despite that, a draft memo from the Office of Management and Budget (OMB) argues Congress must explicitly appropriate back-pay funds in any funding bill for the payments to be valid — a departure from prior practice. Federal News Network

Why this matters

• Tens of thousands of federal employees have been furloughed during the shutdown, and for many, payment assurances are uncertain. The Washington Post
• If back pay is withheld or delayed, it could increase pressure on workers, unions, and Congress — adding another layer of urgency to the funding standoff.
• This reversal or reinterpretation of established law illustrates how procedural ambiguities can be used strategically during a stalemate.

Bottom line

Although a 2019 law guaranteed back pay for federal employees furloughed during a funding lapse, the White House now says it cannot guarantee that all will be paid — making back pay yet another bargaining chip in the ongoing shutdown.

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