On Tuesday, President Trump hinted that some government employees might receive backpay during the ongoing shutdown, while others may not.
“It really depends on who you’re talking about,” he said. “You know, Democrats have put a lot of people in a tough spot. But it varies from case to case.”
Trump went on to say, “Generally, we’re going to look after our people. But there are some who don’t really deserve it, and we handle them differently.”
When he was asked if he had suggested only a select few workers should get backpay, he responded, “I’ll let the Democrats answer that one.”
In response to reporters pointing out that existing law stipulates workers would receive backpay once the government reopens, he said, “I think the law is right, and I’ll adhere to it.”
A draft memo from the Office of Management and Budget (OMB) raised concerns that workers might not be entitled to backpay for holidays occurring during government shutdowns.
This memo refers to the updates made in the 2019 Government Employee Fair Treatment Act, which Trump signed during a previous shutdown, indicating that backpay would be granted “according to the budget measures to end the lapse.”
Major unions representing federal workers and Democrats quickly challenged the notion that impacted employees would not receive retroactive pay.
This proposal also seems at odds with guidance released last month by the Human Resources Administration regarding the current shutdown.
The guidance emphasizes, “Yes, after the funding lapse concludes, employees affected by the lapse will receive backpay for those periods.” It also notes that “Retroactive pay will be processed regardless of the scheduled pay dates, starting from the initial dates following the lapse.”
