The Office of Management and Budget (OMB) has made a significant revision to its shutdown guidance, removing crucial references to a law guaranteeing backpay for furloughed federal workers. This change raises concerns regarding the treatment of employees during government shutdowns.
OMB’s Revision of Shutdown Guidance
On October 3, 2023, the OMB revised its Frequently Asked Questions document regarding lapses in government appropriations. The updated guidance eliminated mentions of the Government Employees Fair Treatment Act of 2019, which was established to ensure that both furloughed and excepted federal workers receive retroactive pay once funding is restored.
Background of the 2019 Law
- The Government Employees Fair Treatment Act was signed into law in 2019 during President Trump’s administration.
- This legislation was part of the compromise to end a 35-day partial government shutdown.
- Prior to this act, Congress had to pass legislation after each shutdown for furloughed workers to receive backpay.
The law dictates that federal employees are entitled to retroactive pay as soon as appropriations are enacted to end a lapse. However, the recent removal of this clause in the OMB’s document has created a sense of uncertainty among federal employees.
Current State of Furloughed Workers
As of now, over 620,000 federal employees are furloughed due to the ongoing government shutdown. This number is expected to rise as the shutdown continues without resolution. The situation puts many federal workers and their families in a precarious financial position.
Reactions to OMB’s Decision
Senator Chris Van Hollen, a key architect of the 2019 backpay legislation, criticized the OMB’s action, stating, “The law is the law.” He emphasized that the statute was designed to protect federal employees from uncertainty during government shutdowns.
Senator Tim Kaine warned of potential legal consequences if the administration continues to challenge the established interpretation of the backpay law. He expressed his pride in the bipartisan effort that led to the law, which he believes should be upheld.
Matt Biggs, president of the International Federation of Professional and Technical Engineers, also condemned the OMB’s decision, calling it “highly suspicious.” He underscored that the bipartisan support for the law indicates it should not be disregarded unilaterally by the OMB.
Future Implications for Federal Workers
The OMB’s removal of language referring to backpay for furloughed workers could lead to further complications and frustrations among federal employees. As conversations about employee rights and regulations continue, the situation emphasizes the need for clarity and respect for established laws protecting federal workers during government shutdowns.
