Forced LWOP During Shutdown Work — Know Your Rights
federal employment government shutdown lwop pay rights whistleblower protection Oct 30, 2025Some federal employees are being told to keep working during the shutdown but record those hours as leave without pay (LWOP). That directive is not lawful. If you’re required to work, you are “excepted,” and your time must be recorded as time in pay status. Once Congress restores funding, you are legally entitled to receive pay for those hours—including overtime or premium pay where applicable.
Federal law prohibits agencies from accepting “voluntary services.” In plain English: if you worked, you must be paid. The confusion often arises from mixing two separate laws—the Anti-Deficiency Act, which prevents agencies from paying during a funding lapse, and the Government Employee Fair Treatment Act, which guarantees that both excepted and furloughed employees receive back pay after the shutdown ends. Combined, those laws mean your worked hours must still be recorded accurately now so that pay can be restored later.
Why Some Agencies Are Getting It Wrong
Some DoD and other agency payroll systems temporarily require a shutdown code like “KE/furlough” even for excepted employees. That’s a bookkeeping placeholder, not a legal instruction to pretend you didn’t work. When funding resumes, your agency must correct the entries to reflect actual hours worked. If they don’t, you can and should demand correction in writing.
How to Protect Yourself Right Now
If anyone instructs you to mark worked time as LWOP, follow these five steps:
-
Get it in writing. Ask for a written directive and keep it.
-
Keep a contemporaneous log. Record your work hours, tasks, and any overtime approvals.
-
Notify HR and your timekeeper. Email them—and copy your supervisor and union—stating that you are excepted and that your worked hours must be corrected and paid after the lapse.
-
Cite the law if needed. You can note that federal law prohibits voluntary service and OPM guidance requires excepted time to be treated as pay status.
-
Escalate carefully. If pressure continues, you may be engaging in protected whistleblowing by reporting the violation. Keep documentation and contact your union or a federal-employee attorney.
Understanding Leave and Pay Nuances
It’s true that agencies can’t issue paychecks during a lapse due to the Anti-Deficiency Act. But delayed pay is not an FLSA violation—it’s temporary. Once funding is restored, the government must pay all earned compensation. During the lapse, excepted employees generally can’t use paid leave while working, but if excused from duty, they may be placed in furlough or may request paid leave under the specific shutdown statute.
A Mindful Perspective
When the system feels irrational, documenting your actions is an act of both legal and emotional self-protection. Write things down, breathe before responding, and remember: doing your job with integrity now strengthens your position later.
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.
Categories
All Categories #careerprotection #doge #federalemployment #mindfulness #stressmanagement administrative cuts administrative law administrative leave administrative procedure act afge afge lawsuit afge v. trump agency closures agency cuts agency funding risks agency independence agency inefficiencies agency instability agency oversight agency reorganization agency rights agency shutdown agency shutdowns ai and privacy ai in government ai surveillance alien enemies act alternative pay plan americorps cuts anti-deficiency act antideficiency act apa appeals court trends appointments clause appropriations appropriations law at-will status attorney hiring attrition vs rif awards policy awol awol defense back pay back pay act back pay rights benefits continuity bipartisan legislation black federal employees black federal workers black women in federal service bls bls independence blue collar federal workers box breathing budget cuts budget law budget officers budget transparency bureau of labor statistics burnout prevention career protection career stability career transitions careerprotection cdc cdc advisory committee cdc employee rights cdc leadership cdc recall cdc reorganization cdc resignation cdc terminations cfpb layoffs cfpb rif chapter 43 chapter 75 checks and balances chemical safety board cigie civil rights civil rights act civil rights enforcement civil rights protection civil service civil service integrity civil service protection civil service protections civil service reform civil service rights class action class action lawsuits class actions classified information collective bargaining competitive service rights conflict of interest congressional budget bill congressional budget cuts constitutional law constitutional rights continuing resolution contract obligations coping with stress court orders cpsc credibility in hearings ctap cybersecurity threats d.c. home rule act d.c. national guard data integrity data security dc home rule act deferred resignation deferred resignation program deferred resignation programs dei dei ban dei cuts dei executive order dei in government dei in stem dei policies dei research dei retaliation deia democracy protection department of defense department of education department of state department of war dhs dhs discipline dhs reassignments directed reassignment disability accommodation disability retirement disability rights disaster preparedness disaster readiness disaster response disciplinary defense discipline changes discovery process discrimination discrimination law disparate impact district court injunctions diversity equity inclusion dod civilians dod employees dod funding dod pay freeze dod removals dod reorganization doe injunction doge doge policy doge reform doi employees doj credibility doj lawsuit drp buyouts drp decisions due process due process federal employment due process rights due process violations dueprocess early retirement eeo challenges eeo complaints eeo guidance eeo laws eeo process eeo protections eeo retaliation eeo rights eeoc eeoc claims eeoc complaints eeoc guidance eeoc lawsuit elon musk emergency response policy emergencymanagement employee protections employee rights employee stress management employee wellness employeeprotections employment law eo 14210 eopf audit epa epa discipline epa layoffs equal protection equity in government ethics compliance ethics in government excepted employees executive authority executive order executive order 14251 executive order 14317 executive order challenge executive orders executive overreach executive power faca facial recognition fbi agents fbi reform fda employees fda oversight fed chair fed legal help fed strong community federal benefits federal benefits cuts federal budget law federal buyouts federal career defense federal career protection federal court updates federal discipline federal employee advocacy federal employee discipline federal employee ethics federal employee protection federal employee protections federal employee rights federal employee rights, federal employee support federal employees federal employment federal employment law federal employment rights federal employment stability federal employment, federal funding federal hiring freeze federal hiring reform federal job cuts federal job loss federal job protection federal job protections federal job rights federal job security federal job termination federal jobs federal labor rights federal law federal law enforcement federal layoff rights federal layoffs federal pay federal pay freeze federal pay raise federal pensions federal podcast federal probation federal records compliance federal reserve federal retirement federal rif federal shutdown federal statistics federal wage system federal workforce federal workforce laws federal workforce policy federal workforce protection federal workforce protections federal workforce rights federal workforce stability federal workplace federal workplace protections federal workplace rights federal workplace safety federalemployeeresources federalemployment fehb fehb audit fehb benefits fehb termination fema fema cuts fema employees fema workforce fers fers annuity supplement fers pension fers retirement fers supplement fevs 2025 fifth circuit filing deadlines financial preparedness first amendment first amendment retaliation first amendment rights fletc flra fmcs cuts food safety for-cause removal foreign emoluments clause forest service buyouts fork in the road free speech free speech rights furlough guidance furlough rights furlough stress gao report government accountability government agencies government budget cuts government careers government cuts government downsizing government ethics. government funding government funding, government history government integrity government job security government jobs government layoffs government oversight government pay government policy changes government rebrand government regulations government shutdown government transparency government waste government workforce governmentjobs governmentreform grand jury gsa buildings gsa layoffs gsa workforce harassment hatch act health benefits health coverage hhs employees hhs lawsuit hhs layoffs hhs reduction in force hhs reorg hhs rif hhs testimony historical accuracy hr letters hr modernization hr policy hr system failures hud hud layoffs humphrey’s executor ice agents ice hiring ice reassignments ice surge ig firings immigration law immigration raid impoundment control act independent agencies indictment inspector general inspectors general institutional knowledge insurrection act interior department irs delays irs layoffs irs reduction in force irs terminations irs workplace issues job loss recovery job protection job protections job reclassification job scams job search job security job security strategies job termination judge illston ruling judge illston rulings judicial independence know your rights labor relations labor rights law day 2025 law enforcement pay law enforcement training law enforcement transparency law of armed conflict layoffs legal accountability legal advice legal advocacy legal analysis legal challenges legal compliance legal defense legal guidance legal protection legal protections legal representation legal rights legal rights for feds legal strategy legal update legal updates legal updates for federal employees legalsupport lgbtq rights lisa cook local democracy locality pay luévano consent decree lwop management directed reassignment mantra mass layoffs mcmahon v. new york medical accommodation medical ethics medical privacy mental health merit hiring plan merit system merit system integrity merit system principles merit systems merit systems protection merit systems protection board merit-based hiring military orders military pay military spouses mindful federal employee mindful federal employment mindful leadership mindful workplace mindfulness mindfulness at work mindfulness at work, mindfulness for employees mindfulness in government mindfulness in the workplace mission drift mspb mspb appeal mspb appeals mspb deadlines mspb reinstatement mspb rights mspb ruling museum staff rights nasa nasa employees national guard national parks national security national security law national security orders nationwide injunctions ndas in government nepotism law nih funding nih rif ninth circuit ninth circuit stay nlrb ofccp omb omb apportionment omb apportionments omb guidance omb legal opinion open season opm opm authority opm benefits opm contracts opm final rule opm firings opm guidance opm hiring memo opm hiring policies opm lawsuit opm memo 2025 opm policy opm policy update opm reform opm regulations opm relocation opm rule opm rule changes opm rulemaking opm rules opm ruling opm staffing crisis opm suitability rule opm termination opm waivers osc case osc closure osc complaints osc investigation osc investigations osc lawsuit osc nomination osc nominee osc reversal osha investigations parental leave pay and benefits pay rights payroll error pension reform pentagon directive pentagon job cuts pentagon rebrand performance improvement plan performance improvement plans performance management personnel file expungement petitions for review pips pocket rescission political activity political appointees political appointments political coercion political discrimination political interference political retaliation posse comitatus postal service preliminary injunction presidential authority presidential ethics presidential power privacy act privacy rights pro se representation probationary employee rights probationary employees probationary federal employees probationary federal employment probationary period probationary status probationary termination probationaryemployees procurement law professionalism progressive discipline prohibited personnel practices project 2025 protect federal career protecting federal career protecting federal careers public comment violations public health public safety emergency public sector downsizing public service public service integrity public service stress management public trust publicservice reasonable accommodation reasonable accommodations reassignment reconciliation bill reduction in force rehabilitation act religious accommodation religious discrimination religious freedom relocation costs relocation rights remote law jobs remote work removal notice period removal protections reorganizing government act reporter shield rollback resilience retaliation retaliation cases retaliation defense retaliation protection retention register retirement planning retirement processing return to office rfk jr. rhode island case rif rif alternatives rif anxiety rif appeals rif avoidance rif case rif cases rif deadlines rif defense rif guidance rif injunction rif law rif lawsuit rif lawsuits rif layoffs rif litigation rif notice rif notices rif preparation rif procedures rif resources rif rights rif risk rif rules rif strategy rif supreme court case rif supreme court decision rif suspension rif updates rifs rule of law russell vought schedule f schedule g scientific innovation scientific integrity scientificworkforce scotus layoffs scotus lets education department rifs move forward security clearance self-representation senate legislation separation of powers ses protections ses ratings severance pay sf 50 guide sf-50 guide shadow docket shutdown shutdown 2025 shutdown law shutdown resources shutdown rif shutdown rifs shutdown rights shutdown stress smithsonian review snap benefits social media discipline social security social security data socialsecurity southworth pc space command ssa ssa data breach ssa employees ssa layoffs staffing shortages state department state department layoffs state department rif state secrets doctrine stress management stress reduction student loans suitability review suitability standards supreme court supreme court decisions supreme court ruling supreme court rulings supreme court rulings, supreme court shadow docket supreme court stay taxpayer privacy tdys telework telework policies telework policy telework protections telework rights telework rules termination tiktok algorithm title 5 protections title 5 rights title vii title vii rights toxic leadership transparency trial period trump administration trump legal issues trump v. afge tsa tsa workers tsp unfair labor practice union contracts union protections union rights unionrights universal injunctions unlawful terminations unsafe work conditions usaid shutdown usda relocation use of force usps independence va employees va job cuts va layoffs va mission review va rif va staffing va staffing crisis va union contracts va union rights vaccine policy veteran care veterans affairs veterans health administration veterans preference veteransaffairs virtual hearings war powers resolution watchdog oversight whistleblower protection whistleblower protection act whistleblower protections whistleblower retaliation whistleblower rights wildfire staffing work-life balance worker rights worker safety workforce downsizing workforce equity workforce reduction workforce restructuring workforce retention workforce rights workplace accessibility workplace accommodations workplace culture workplace dei workplace disability rights workplace discipline workplace discrimination workplace diversity workplace ethics workplace fairness workplace justice workplace leadership workplace mindfulness workplace protections workplace resilience workplace retaliation workplace rights workplace safety workplace stability workplace stress workplace stress management workplace surveillance workplace trauma workplace violence workplace well-being workplace wellbeing workplace wellness workplaceprivacy workplacerights workplacewellness wrongful termination