October 7, 2025

OMB memo questions automatic back pay for furloughed federal workers

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Unpaid controllers manage record traffic during labor shortage

🏛️Government💰Economy

The federal funding lapse began on Oct. 1, 2025.

A draft OMB memo dated Oct. 7, 2025 argued the Government Employee Fair Treatment Act of 2019 does not by itself create automatic retroactive pay for furloughed workers.

Reporting shows up to 700,000 federal workers could be furloughed or otherwise idled by the lapse in appropriations.

More than 13,000 air traffic controllers have continued to work without pay during the shutdown, and federal officials have linked controller absences to a sharp rise in flight delays.

AFGE and AFSCME filed suit on Sept. 30 to try to stop planned reductions in force that OMB had asked agencies to prepare before the lapse in appropriations.

🏛️Government💰Economy

Test Your Knowledge

Complete the sentence about statute vs. appropriations

Complete: Congress controls the _____; OMB controls the _____ on pay.

Which trend best describes staffing impact on delays?

Reporting shows about 13,000 controllers worked without pay during the shutdown.

The Government Employee Fair Treatment Act clearly requires no congressional appropriation for pay.

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People, bills, and sources

Russell Vought

White House Budget Office Director

Transportation Secretary Sean Duffy

Senior administration official

Everett Kelley

AFGE National President

What you can do

understanding

Check OMB and OPM guidance on back pay

Request written guidance from the Office of Personnel Management and OMB on how the Government Employee Fair Treatment Act of 2019 will be implemented after the shutdown ends.

info@

Phone Call Script: Office of Personnel Management - Back Pay Guidance

Opening: Hello, I'm a furloughed federal employee calling to request written guidance on how the Government Employee Fair Treatment Act of 2019 will be implemented after the shutdown ends.

Key information to have ready:

Your agency name
Your employee ID
Your furlough dates

Key points to discuss:

On Oct. 7, 2025, OMB's top lawyer circulated a draft memo arguing the Government Employee Fair Treatment Act of 2019 does not make back pay automatic
The shutdown began Oct. 1, 2025, furloughing roughly 750,000 employees
About 700,000+ essential workers are working without immediate pay
More than 13,000 air traffic controllers deemed excepted have continued working without pay
There are concerns about whether back pay will be automatic or require separate legislation

Questions to ask:

Will I receive automatic back pay when the shutdown ends under the Government Employee Fair Treatment Act of 2019?
What is OPM's official position on back pay for furloughed employees?
How does OPM's position differ from OMB's draft memo?
What written guidance is available about back pay implementation?
When will back pay be processed and distributed?
Do excepted employees working without pay have different back pay rights?

Why this matters: Federal employees need to know whether they'll receive back pay to plan their finances. The OMB memo questioning automatic back pay creates uncertainty for hundreds of thousands of workers.

Specific request: I'm requesting written guidance from OPM on how the Government Employee Fair Treatment Act of 2019 will be implemented, including whether back pay is automatic and when it will be processed.

Contact: Office of Personnel Management: 202-606-1800 Email: info@opm.gov Website: https://www.opm.gov/

Thank you for your assistance.

civic action

Seek legal help if facing RIF notices

Employees who receive reduction-in-force notices during a lapse in appropriations should consult union representatives or employment counsel immediately.

memberhelp@

Phone Call Script: AFGE - Reduction in Force (RIF) Notices

Opening: Hello, I'm a federal employee who received a reduction-in-force notice during the shutdown, and I need help understanding my rights and options.

Key information to have ready:

Your RIF notice (if you have it)
Your agency name
Your employee ID
Your union membership status (if applicable)

Key points to discuss:

On Sep. 30, 2025, AFGE and AFSCME sued in federal court seeking to block planned reductions in force tied to pre-shutdown RIF planning
OMB issued contingency guidance directing agencies to prepare reduction-in-force plans before the shutdown
The shutdown began Oct. 1, 2025
RIF notices issued during a lapse in appropriations may have different legal implications

Questions to ask:

What are my rights if I received a RIF notice during the shutdown?
Is my RIF notice valid if it was issued during a lapse in appropriations?
What legal options do I have to challenge the RIF notice?
How does the AFGE/AFSCME lawsuit affect my situation?
What documentation should I gather?
Should I consult with an employment attorney?
What are my appeal rights?

Why this matters: RIF notices can have serious consequences for your career and finances. Understanding your rights and options immediately is critical, especially if the notice was issued during a shutdown when normal procedures may not apply.

Specific request: I'm requesting immediate assistance understanding my rights regarding a RIF notice received during the shutdown, including legal options and next steps.

Contact: American Federation of Government Employees: 202-737-8700 Email: memberhelp@afge.org Website: https://www.afge.org/

Important: If you received a RIF notice, contact AFGE or an employment attorney immediately. Time limits may apply for appeals or legal challenges.