OMB memo questions automatic back pay for furloughed federal workers

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:

1. Will I receive automatic back pay when the shutdown ends under the Government Employee Fair Treatment Act of 2019?
2. What is OPM's official position on back pay for furloughed employees?
3. How does OPM's position differ from OMB's draft memo?
4. What written guidance is available about back pay implementation?
5. When will back pay be processed and distributed?
6. 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.

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:

1. What are my rights if I received a RIF notice during the shutdown?
2. Is my RIF notice valid if it was issued during a lapse in appropriations?
3. What legal options do I have to challenge the RIF notice?
4. How does the AFGE/AFSCME lawsuit affect my situation?
5. What documentation should I gather?
6. Should I consult with an employment attorney?
7. 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.