Press Releases

Today, U.S. Senators Tim Kaine (D-VA), Lisa Murkowski (R-AK), Chris Van Hollen (D-MD), Angela Alsobrooks (D-MD), and Mark R. Warner (D-VA) and U.S. Representatives Don Beyer (D-VA-08) and Steny Hoyer (D-MD-05) led their colleagues in sending a bipartisan letter to Office of Management and Budget (OMB) Director Russell Vought urging OMB to follow the law—which President Donald Trump signed in 2019—that requires furloughed federal employees to receive back pay during a government shutdown. The members underscore that the Government Employee Fair Treatment Act of 2019, which was passed and signed into law during the last shutdown under President Trump, is clear that all federal employees, whether they are excepted or furloughed, are entitled to back pay after a government shutdown ends.

“During the 2018-2019 shutdown, we worked with President Trump to enact the Government Employee Fair Treatment Act (GEFTA) of 2019, the intent of which is clear – federal employees are entitled to retroactive pay in the event of a government shutdown. We applauded President Trump for signing this bipartisan bill into law,” the members wrote.

“The law is clear: all impacted government employees, regardless of excepted or furloughed status, are entitled to back pay after a government shutdown ends, which is consistent with the guidance currently provided by federal agencies, including the Office of Personnel Management (OPM),” the members wrote. “OPM’s shutdown guidance from September 2025 still states that furloughed federal workers will be provided back pay once the government reopens.”

The members continued, “The decision by OMB to remove critical guidance on federal employee back pay is causing unnecessary stress for the federal workforce comprised of nearly 2.2 million employees.”

“We request you immediately clarify and update the Frequently Asked Questions During a Lapse in Appropriations Document and other relevant materials to affirm that furloughed employees will receive back pay, as is required by law,” the members concluded.

In addition to Kaine, Murkowski, Van Hollen, Alsobrooks, Warner, Beyer, and Hoyer, the letter is cosigned by U.S. Senators Tammy Baldwin (D-WI), Richard Blumenthal (D-CT), Lisa Blunt Rochester (D-DE), Cory Booker (D-NJ), Catherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), Dick Durbin (D-IL), Kirsten Gillibrand (D-NY), Maggie Hassan (D-NH), Martin Heinrich (D-NM), Mazie Hirono (D-HI), Mark Kelly (D-AZ), Andy Kim (D-NJ), Angus King (I-ME), Amy Klobuchar (D-MN), Ed Markey (D-MA), Alex Padilla (D-CA), Gary Peters (D-MI), Jack Reed (D-RI), Jacky Rosen (D-NV), Bernie Sanders (I-VT), Jeanne Shaheen (D-NH), Rev. Raphael Warnock (D-GA), Elizabeth Warren (D-MA), Peter Welch (D-VT), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR). It is also cosigned by U.S. Representatives Alma Adams (D-NC-12), Gabe Amo (D-RI-01), Yassamin Ansari (D-AZ-03), Jake Auchincloss (D-MA-04), Becca Balint (D-VT-AL), Wesley Bell (D-MO-01), Ami Bera (D-CA-06), Sanford Bishop (D-GA-02), Shontel Brown (D-OH-11), Julia Brownley (D-CA-26), Nikki Budzinski (D-IL-13), Janelle Bynum (D-OR-05), André Carson (D-IN-07), Greg Casar (D-TX-35), Ed Case (D-HI-01), Sean Casten (D-IL-06), Kathy Castor (D-FL-14), Sheila Cherfilus-McCormick (D-FL-20), Judy Chu (D-CA-28), Yvette Clarke (D-NY-09), Emanuel Cleaver (D-MO-05), Jim Costa (D-CA-21), Angie Craig (D-MN-02), Danny Davis (D-IL-07), Madeleine Dean (D-PA-04), Diana DeGette (D-CO-01), Suzan DelBene (D-WA-01), Mark DeSaulnier (D-CA-10), Maxine Dexter (D-OR-03), Debbie Dingell (D-MI-06), Lloyd Doggett (D-TX-37), Sarah Elfreth (D-MD-03), Veronica Escobar (D-TX-16), Dwight Evans (D-PA-03), Shomari Figures (D-AL-02), Lizzie Fletcher (D-TX-07), Bill Foster (D-IL-11), Lois Frankel (D-FL-22), John Garamendi (D-CA-08), Jesús García (D-IL-04), Robert Garcia (D-CA-42), Sylvia Garcia (D-TX-29), Dan Goldman (D-NY-10), Jimmy Gomez (D-CA-34), Maggie Goodlander (D-NH-02), Josh Gottheimer (D-NJ-05), Jahana Hayes (D-CT-05), Pablo Hernández (D-PR-01), Steven Horsford (D-NV-04), Val Hoyle (D-OR-4), Glenn Ivey (D-MD-04), Jonathan Jackson (D-IL-01), Sara Jacobs (D-CA-51), Pramila Jayapal (D-WA-07), Hank Johnson (D-GA-04), Sydney Kamlager-Dove (D-CA-37), Bill Keating (D-MA-09), Robin Kelly (D-IL-02), Greg Landsman (D-OH-01), John Larson (D-CT-01), Summer Lee (D-PA-12), Susie Lee (D-NV-03), Teresa Leger Fernandez (D-NM-03), Mike Levin (D-CA-49), Ted Lieu (D-CA-36), Stephen Lynch (D-MA-08), Doris Matsui (D-CA-07), Lucy McBath (D-GA-06), Sarah McBride (D-DE-AL), April McClain Delaney (D-MD-06), Jennifer McClellan (D-VA-04), Betty McCollum (D-MN-04), James McGovern (D-MA-02), LaMonica McIver (D-NJ-10), Robert Menendez (D-NJ-08), Grace Meng (D-NY-06), Kweisi Mfume (D-MD-07), Dave Min (D-CA-47), Gwen Moore (D-WI-04), Joe Morelle (D-NY-25), Seth Moulton (D-MA-06), Frank Mrvan (D-IN-01), Kevin Mullin (D-CA-15), Jerry Nadler (D-NY-12), Joe Neguse (D-CO-02), Eleanor Holmes Norton (D-DC-AL), Alexandria Ocasio-Cortez (D-NY-14), Johnny Olszewski (D-MD-02), Ilhan Omar (D-MN-05),  Frank Pallone (D-NJ-06), Chris Pappas (D-NH-01), Brittany Pettersen (D-CO-07), Mark Pocan (D-WI-02), Mike Quigley (D-IL-05), Delia Ramirez (D-IL-03), Emily Randall (D-WA-06), Jamie Raskin (D-MD-08), Luz Rivas (D-CA-29), Deborah Ross (D-NC-02), Raul Ruiz (D-CA-25), Andrea Salinas (D-OR-06), Mary Gay Scanlon (D-PA-05), Jan Schakowsky (D-IL-09), Brad Schneider (D-IL-10), Hillary Scholten (D-MI-03), Bobby Scott (D-VA-03), Terri Sewell (D-AL-07), Brad Sherman (D-CA-32), Lateefah Simon (D-CA-12), Adam Smith (D-WA-09), Marilyn Strickland (D-WA-10), Suhas Subramanyam (D-VA-10), Tom Suozzi (D-NY-03), Eric Swalwell (D-CA-14), Emilia Sykes (D-OH-13), Mark Takano (D-CA-39), Mike Thompson (D-CA-04), Dina Titus (D-NV-01), Rashida Tlaib (D-MI-12), Jill Tokuda (D-HI-02), Paul Tonko (D-NY-20), Ritchie Torres (D-NY-15), Derek Tran (D-CA-45), Lauren Underwood (D-IL-14), Juan Vargas (D-CA-52), Gabe Vasquez (D-NM-02), Nydia Velázquez (D-NY-07), Eugene Vindman (D-VA-07), James Walkinshaw (D-VA-11), Debbie Wasserman Schultz (D-FL-25), Bonnie Watson Coleman (D-NJ-12), Nikema Williams (D-GA-05), and Frederica Wilson (D-FL-24).

Full text of the letter is available here and below:

Dear Director Vought:

The Office of Management and Budget’s (OMB) recent update to the Frequently Asked Questions During a Lapse in Appropriations document implies that furloughed federal workers are not entitled to back pay. Additionally, a draft OMB memo stated the administration would deny back pay to furloughed federal workers for the current government shutdown. During the 2018-2019 shutdown, we worked with President Trump to enact the Government Employee Fair Treatment Act (GEFTA) of 2019, the intent of which is clear – federal employees are entitled to retroactive pay in the event of a government shutdown. We applauded President Trump for signing this bipartisan bill into law. 

On January 16, 2019, the Senate unanimously passed the Government Employee Fair Treatment Act to guarantee back pay for all impacted federal workers once a government shutdown ends. This law was enacted during the longest government shutdown which lasted 35 days at the end of 2018, and into the beginning of 2019. Prior to the law’s passage, Congress had to pass specific legislation after each shutdown to ensure furloughed workers received back pay. 

Explicitly, the law guarantees back pay for all federal employees in the event of a government shutdown. “Each employee of the United States Government or of a District of Columbia public employer furloughed as a result of a covered lapse in appropriations shall be paid for the period of the lapse in appropriations, and each excepted employee who is required to perform work during a covered lapse in appropriations shall be paid for such work, at the employee’s standard rate of pay, at the earliest date possible after the lapse in appropriations ends, regardless of scheduled pay dates, and subject to the enactment of appropriations Acts ending the lapse.” The law requires that retroactive pay be required in the event of any government shutdown after December 22, 2018.

The law is clear: all impacted government employees, regardless of excepted or furloughed status, are entitled to back pay after a government shutdown ends, which is consistent with the guidance currently provided by federal agencies, including the Office of Personnel Management (OPM). OPM’s shutdown guidance from September 2025 still states that furloughed federal workers will be provided back pay once the government reopens. The decision by OMB to remove critical guidance on federal employee back pay is causing unnecessary stress for the federal workforce comprised of nearly 2.2 million employees.

Thus, we request you immediately clarify and update the Frequently Asked Questions During a Lapse in Appropriations Document and other relevant materials to affirm that furloughed employees will receive back pay, as is required by law.

Sincerely,