Do federal workers get back pay? All you need to know about the furloughed government workers

The federal government shutdown has gone on for a full month now. Donald Trump and Republicans are refusing to negotiate with Democrats until they agree to reopen the government with a continuing resolution that doesn’t include demands to restore Medicaid funds and to extend Affordable Care Act subsidies.

The Trump administration has tried to use a cudgel to make the shutdown unbearable for Democrats, like withholding federal funding for Democratic states and cities, mass firings of furloughed government workers, and suspension of Supplemental Nutrition Assistance Program (SNAP) benefits, both of last two have been stopped by the courts. The White House has also floated another idea to add more pain to the situation, not giving back pay to all the federal employees that have been furloughed.

“It depends on who we’re talking about,” Trump told reporters a week into the shutdown when asked if furloughed workers deserve back pay. “For the most part, we’re going to take care of our people. There are some people that really don’t deserve to be taken care of, and we’ll take care of them in a different way.”

Furloughed federal workers backpay in doubt

The current government shutdown is quickly approaching the threshold to become the longest in US history. The last shutdown, which occurred during Trump’s first term in the White House and was started when Trump refused to sign a funding bill that didn’t include money to build his US-Mexico border wall, played out for 35 days until he relented.

The episode prompted Congress to pass the Government Employee Fair Treatment Act, which requires that federal employees who are furloughed during a lapse in government funding receive retroactive pay for the period of the lapse. However, Axios first reported that the White House drafted a memo in which it argues that back pay could been denied to as many as 750,000 federal workers.

It points to an amendment that was quietly added to the legislation nine days after it was passed that inserted the language that retroactive pay would be “subject to the enactment of appropriations Acts ending the lapse.” Essentially, back pay would not be automatic, Congress must pass a bill approving it in the White House’s opinion.

Get your game on! Whether you’re into NFL touchdowns, NBA buzzer-beaters, world-class soccer goals, or MLB home runs, our app has it all.

Dive into live coverage, expert insights, breaking news, exclusive videos, and more – plus, stay updated on the latest in current affairs and entertainment. Download now for all-access coverage, right at your fingertips – anytime, anywhere.