Federal Employee Guide to the 2025 Government Shutdown
excepted employees federal employment federal shutdown furlough rights legal guidance Oct 01, 2025The government officially shut down last night. Roughly 23% of the federal workforce—about 547,000 employees—are furloughed under the Trump administration’s plan. That leaves approximately 1.57 million still reporting to duty, often without pay until Congress restores funding. For federal employees, understanding where you stand is the first step to protecting both your paycheck and your career.
IRS, Defense, and Museums: Uneven Impacts Across Agencies
Not every agency is affected the same way. The IRS is keeping most staff on duty by using Inflation Reduction Act funding. At the Department of Defense, about 45% of civilian workers have been furloughed. The Smithsonian remains open for now, but staff could face furloughs once prior-year funds are exhausted. Meanwhile, Justice and Homeland Security managers can adjust furlough or recall decisions if circumstances change.
These variations matter because they can shape how much control your supervisor has—and how much unpredictability you face in the coming weeks.
Exempt, Excepted, and Furloughed: What the Categories Really Mean
Shutdown status falls into three legal categories:
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Exempt employees continue working with funding from permanent or advance appropriations.
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Excepted employees must work because their roles protect life or property. They are guaranteed pay later, but not during the shutdown.
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Furloughed employees are barred from performing any work—including checking email—until recalled.
This distinction is critical. Volunteering work while furloughed, even informally, can create legal risk for you and your agency.
Back Pay and the Threat of Layoffs
By law, both excepted and furloughed employees will receive back pay when the shutdown ends. Still, the timing gap creates real financial strain. To add another layer of uncertainty, the White House has floated potential layoffs—separate from furloughs—that would trigger notice requirements and could extend beyond the shutdown itself.
The mindful takeaway: stay anchored in what is real now. Furloughs end with appropriations; layoffs require a separate, formal process. Knowing this distinction can help calm the swirl of speculation.
Protecting Yourself During the Shutdown
There are concrete steps you can take today:
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Save all written instructions from your agency.
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If excepted, track your hours carefully.
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If furloughed, resist the urge to “help out” with informal work.
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If pressured to work while furloughed, contact your union and consider seeking legal guidance.
This is a moment to pair mindfulness with vigilance: document, protect your boundaries, and remember that this disruption is temporary.
For a deeper dive into agency-specific policies, Federal News Network has compiled a useful resource. We’ve made it easy to find—visit fedlegalhelp.com/plans and our site will redirect you there.
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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