Copyright Anchorage Daily News
The Trump administration is sending notifications to federal staff suggesting that only those who are working during the government shutdown will be paid when it ends, despite a 2019 law that also guarantees pay to furloughed employees. “Once an appropriation or continuing resolution is enacted, excepted employees are entitled to receive payment,” read one message sent to some portions of the government and obtained by The Washington Post. That sentence - which leaves out furloughed workers - was not included in the first furlough notice issued last month, according to an employee who, like others interviewed, spoke on the condition of anonymity for fear of retribution. The government has been shuttered since Oct. 1, with Democrats and Republicans locked in a stalemate over health care policy. This past weekend, as the shutdown crossed the 30-day mark, officials began sending formal messages to workers updating them on their employment status for the next 30 days, as is required by law. White House press secretary Karoline Leavitt said Tuesday that the administration would negotiate over back pay as part of a potential deal with Democrats to end the shutdown. “This is something we are very much open to discussing with Democrats as part of the discussions about the continuing resolution to keep the government open,” Leavitt said. “And it’s something that Republicans are talking with Democrats about right now.” At several agencies, including the Defense and Commerce departments, first-round furlough notices included language specifying that furloughed employees would get back pay, according to emails obtained by The Post. But second-round notices did not give that assurance, emails show. At the State Department, notices issued this month and last never included assurance that furloughed workers would get paid, according to emails reviewed by The Post. The White House referred a request for comment to the Office of Management and Budget, as did the State Department. Officials there did not immediately respond to questions; neither did the Defense Department nor the Commerce Department. More than 650,000 staffers have been furloughed, or sent home without pay, while their colleagues continue to perform their jobs, also without pay. A smaller number of employees - mostly active-duty military or law enforcement - are continuing to receive their salaries, as the Trump administration has found various sources of funds for the money. OMB officials circulated a draft legal opinion last month arguing that furloughed workers wouldn’t get back pay unless Congress specifically approved it, appearing to contradict the 2019 law. Republicans and Democrats alike in Congress have said they anticipate that all workers will be repaid when the shutdown ends, though legislation to pay workers immediately has stalled. The shutdown is set to break the record for the longest closure in U.S. history overnight, eclipsing the 34-day mark from President Donald Trump’s first term. In that span, the federal government has paid $15.7 billion in employee salaries, a 24 percent drop from the same period a year ago, according to the Penn Wharton Budget Model. More than half the money that hasn’t been paid would have gone to federal employees in the District of Columbia and eight states: California, Virginia, Maryland, Texas, Florida, Georgia, Pennsylvania and Washington. Civilian employees from three departments - Defense, Health and Human Services, and Veterans Affairs - account for more than half of the $3.8 billion reduction in salary expenditures, the Wharton analysis found. The shutdown has already imposed significant financial and personal burdens on federal workers, who have now missed two paychecks. Many are using credit cards to pay bills, going into debt and buying only the cheapest groceries.
