By Michael Katz | Tuesday, 04 November 2025 03:47 PM EST
Federal employees furloughed due to the government shutdown might not receive back pay once the shutdown ends, a development that contradicts a 2019 law signed by President Donald Trump during his first term. The shutdown entered its 35th day Tuesday, tying the record for the longest in U.S. history set in 2018. It is expected to surpass that milestone Wednesday after Senate Democrats rejected for the 14th time a House-passed continuing resolution funding the government through Nov. 21.
On Friday, agencies sent furlough notices to hundreds of thousands of employees, marking a notable change: they no longer included language guaranteeing back pay upon the shutdown’s conclusion. A message sent to some government departments stated, “Once an appropriation or continuing resolution is enacted, excepted employees are entitled to receive payment,” but omitted furloughed workers and excluded the assurance present in earlier notices, according to reports.
The Government Employee Fair Treatment Act of 2019 mandates that federal employees or D.C. public workers furloughed during a funding lapse be compensated for the period and paid as soon as possible after the shutdown ends. However, the Office of Management and Budget circulated a draft legal opinion Oct. 3 arguing the law is “not self-executing” and requires Congress to pass additional appropriations before back pay can be issued.
Lawmakers from both parties have stated they expect all employees will eventually receive payment, though legislation to expedite payments has stalled. White House press secretary Karoline Leavitt emphasized during a Tuesday briefing that discussions with Democrats about the continuing resolution include addressing the issue, but no immediate decisions were announced.
Over 650,000 employees have been furloughed, while many others continue working without pay. A smaller group, primarily active-duty military and law enforcement personnel, remains paid due to alternative funding sources identified by the Trump administration. The National Treasury Employees Union acknowledged in a blog post that recent notices omitted the back-pay guarantee but reiterated its commitment to enforcing the 2019 law.
Michael Katz is a Newsmax reporter with over 30 years of experience covering news, culture, and politics.
