Federal Shutdown Day 13: Back Pay Restored, Paycheck Risks Ahead
back pay federal employees federal employment law federal shutdown government pay Oct 10, 2025The federal shutdown entered its 13th day with no end in sight. The Senate again failed to advance either party’s funding proposal and adjourned until Tuesday, leaving agencies frozen and federal employees facing another weekend of uncertainty. For most, this means at least several more days without pay or clarity.
Back Pay Debate Settled—for Now
The week’s biggest whiplash came from the Office of Management and Budget. Early drafts of OMB guidance deleted a reference to the 2019 back-pay law and hinted that furloughed employees might not automatically be made whole. That argument created immediate anxiety.
By Thursday, however, agencies like the IRS were issuing updated furlough notices reaffirming that both excepted and furloughed employees will receive back pay once the lapse ends. OPM’s formal guidance still cites 31 U.S.C. §1341(c)(2), which mandates payment “at the earliest date possible.” The bottom line: despite shifting language from OMB, the statutory guarantee remains firm.
The Coming Paycheck Cliff
For many federal families, the next stress point arrives October 15. Without new appropriations, uniformed service members—and some civilian employees in Defense and Homeland Security—will likely miss that paycheck.
Congress has the power to avert it with a narrow “Pay Our Troops” bill, and bipartisan pressure is growing. But as of Thursday evening, House leadership continues to block a standalone vote. If you’re in DoD or the Coast Guard, plan as though the mid-month check will be delayed unless a breakthrough occurs early next week.
Political Stalemate Deepens
The White House announced it will not negotiate broader health-care or spending reforms until government operations are fully reopened. That keeps pressure on Congress but prolongs the uncertainty for hundreds of thousands of employees across civilian agencies. The President’s warning of “permanent” cuts only adds to the sense of instability.
Practical Steps You Can Take
Right now, the most effective move is documentation.
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Track every communication from your agency about furlough status or work expectations.
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Record your hours if you’re excepted.
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Save any receipts for out-of-pocket costs tied to the shutdown.
If a bill is coming due, call your landlord, mortgage lender, or credit union before you miss a payment—many offer hardship programs specifically for federal employees. And remember: furloughed employees should not volunteer to work.
Even in the chaos, the law remains on your side. The 2019 statute still guarantees that your service will be honored—and paid—once Congress acts.
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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