Are Federal Employees Guaranteed Back Pay After the Shutdown?
back pay rights federal employment government shutdown mindfulness at work opm guidance Nov 06, 2025Federal employees are asking the right question: “Are we really getting back pay this time?” The short answer is yes. Under the Government Employee Fair Treatment Act of 2019 (GEFTA), both furloughed and excepted employees must be paid retroactively for time lost during a lapse in appropriations. This isn’t a courtesy—it’s statutory.
The text is unambiguous: employees “shall be compensated” for the lapse “at the earliest date possible after the lapse ends.” The key phrase—after the lapse ends—matters because agencies cannot issue payments until Congress restores funding. But once appropriations resume, your pay is owed automatically. The Office of Personnel Management (OPM) has reaffirmed this requirement in every shutdown playbook since 2019, regardless of what wording appears in your individual furlough notice.
How the Pay Works in Practice
For furloughed employees, shutdown hours convert to paid hours retroactively. You receive your standard rate—base pay plus locality and any differentials. For excepted employees, payment covers all actual hours worked, including overtime, night, Sunday, and holiday premiums once funding returns.
These hours also count as paid time for leave accrual and service credit. Agencies cannot deduct annual or sick leave for hours that fell inside the lapse, and those earnings restore your continuous service record.
Benefits, TSP, and Payroll Catch-Up
Your FEHB and FEDVIP coverage continue during the shutdown. Premiums simply accrue and are deducted once payroll restarts—sometimes making your first “catch-up” paycheck look smaller.
For the Thrift Savings Plan (TSP), contributions and agency matches pause when no pay is processed. When back pay arrives, payroll should push missed contributions automatically. Review your earnings statement and TSP transaction history within a few pay cycles. If deductions or matches are missing, email HR or payroll with the subject line “Shutdown Retro Pay Reconciliation” and attach your documentation.
If you claimed unemployment benefits during the lapse, expect to repay them once back pay is issued. That’s standard—states reconcile the overlap to prevent double compensation.
What About Contractors?
GEFTA protects federal and D.C. public employees only. Contractors are not automatically entitled to back pay unless Congress enacts specific relief or it’s built into their contract terms. For contractors, remedies depend on the contract and the funding language in effect at the time of the lapse.
Stay Calm, Stay Documented
The best next step is methodical, not emotional:
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Save your furlough or excepted notices and your last pre-shutdown LES.
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Compare your post-shutdown LES and TSP activity line by line.
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Flag discrepancies in writing immediately.
Anxiety in these moments is normal—but rumor is not a legal source. The statute guarantees your pay once Congress acts. Until then, hold onto your records, stay informed, and share clear information with your colleagues.
Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.
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