During a Shutdown, Get Your Work Status in Writing
excepted employees federal employment law federal shutdown furlough status mindfulness at work Feb 03, 2026When a shutdown or funding lapse looms, many federal employees report the same unsettling pattern: offices acting as if it’s “business as usual,” while managers avoid putting anything in writing. That uncertainty is not accidental—and it’s where risk quietly shifts from the agency to the employee.
From a legal standpoint, shutdown status is not vague. Federal law recognizes only two categories during a lapse in appropriations, and understanding them is the first step toward protecting yourself.
The Only Two Legal Buckets During a Shutdown
During a shutdown, employees fall into one of two groups. The first is employees officially authorized to work, often called “excepted.” These employees are required to report for duty and continue working, even if pay is delayed until funding is restored.
The second group is employees who are not authorized to work, commonly referred to as “furloughed.” In that status, employees generally stop performing normal duties, aside from brief shutdown activities needed to close operations safely.
There is no third, informal category. Yet many employees find themselves in a gray zone where they are told—sometimes implicitly—to keep working, without clear confirmation of their status.
Why the Gray Zone Is Dangerous
The gray zone is where well-intentioned employees absorb legal and professional risk. Continuing to work without proper authorization can create payroll, overtime, and even Anti-Deficiency Act issues. On the other hand, failing to report when an employee is actually excepted can later be framed as an attendance or conduct problem.
Agencies have systems, lawyers, and institutional protections. Individual employees often do not. When instructions are vague, the risk quietly lands on the person doing the work.
How to Get Clarity Without Escalating Conflict
Protecting yourself does not require confrontation. One neutral, professional question is often enough:
“Can you confirm my shutdown status and what work I’m authorized to do today?”
If the response is verbal, a brief follow-up email can be invaluable:
“Just confirming my understanding: my status is ___, and I’m authorized to do ___.”
This is not insubordination or being difficult. It is documentation. Clear, contemporaneous records protect both employees and agencies, and they reduce misunderstandings later.
Why This Anxiety Makes Sense
Feeling uneasy in these situations is not overreaction. Unclear instructions during a shutdown place employees in an impossible position—expected to be loyal, productive, and compliant, while lacking the clarity needed to do so safely. Seeking written guidance is a reasonable, professional response to that pressure.
Staying steady matters. Avoid guessing. Avoid filling in the gaps yourself. Clarity is not just calming—it is protective.
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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