Forced LWOP During Shutdown Work — Know Your Rights
Some 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:
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Get it in writing. Ask for a written directive and keep it.
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Keep a contemporaneous log. Record your work hours, tasks, and any overtime approvals.
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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.
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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.
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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.