OMB deletes reference to law guaranteeing backpay to furloughed feds from shutdown guidance

"Prior to Oct. 3, OMB's Frequently Asked Questions During a Lapse in Appropriations document highlighted the Government Employees Fair Treatment Act, the law enacted in 2019 as part of the deal to end the 35-day partial government shutdown during President Trump's first term to ensure both furloughed and excepted federal workers receive backpay once government funding is restored. Prior to the law's passage, Congress had to OK furloughed workers' backpay following each individual lapse in appropriations."

""All excepted employees are entitled to receive payment for their performance of excepted work during the period of the appropriations lapse when appropriations for such payments are enacted," stated the document, which was updated Sept. 30 in advance of the current lapse. "The Government Employee Fair Treatment Act of 2019 (Public Law 116-1) provides that upon enactment of appropriations to end a lapse, both furloughed and excepted employees will be paid retroactively as soon as possible after the lapse ends, regardless of scheduled pay dates.""

"Conversely, OPM's shutdown guidance, last updated Sept. 28, still states that furloughed workers will be provided backpay at the conclusion of the lapse. "After the lapse in appropriations has ended, employees who were furloughed as the result of the lapse will receive retroactive pay for those furlough periods," OPM wrote. "Retroactive pay will be provided on the earliest date possible after the lapse end"

OMB revised its shutdown FAQ to remove a sentence and references to OPM guidance that described the Government Employees Fair Treatment Act of 2019 and guaranteed retroactive pay for furloughed and excepted federal employees once appropriations are enacted. The prior version, updated Sept. 30, explicitly stated that all excepted employees are entitled to payment for work performed during a lapse and that the 2019 law ensures retroactive pay regardless of scheduled pay dates. The latest OMB version omits that language and the OPM guidance, last updated Sept. 28, still affirms retroactive pay for furloughed workers.

Read at Nextgov.com