The Internal Revenue Service (IRS) released guidelines on Wednesday indicating that furloughed employees are entitled to compensation under the 2019 legislation, even in light of opposition from the White House.
The IRS noted, “While you are furloughed and therefore unpaid or not working, the Civil Service Fair Treatment Act mandates that federal employees who have been furloughed or compelled to work during funding lapses must receive payment for that time.”
This law was enacted after a 35-day government shutdown during the latter part of 2018 and into early 2019 under the first Trump administration, effectively ensuring that federal employees receive their earnings after budget funds have run out.
It clarifies that salaries must be issued following “an expiration of expenditures beginning after December 22, 2018.”
Contrarily, a draft memo from the White House Management and Budget Office (OMB) suggests a different interpretation of the law, asserting that furloughed workers will only qualify for payment if the expenditure law ends its lapse.
“Typically, we’re going to take care of our people,” Trump stated in a press briefing.
He further remarked, “There are individuals who really don’t deserve assistance, and we handle them separately.”
His comments have been met with criticism from various Republicans, Democrats, and union leaders.
Republican Senator John Kennedy from Louisiana remarked, “It’s not the president’s call” regarding whether the Trump administration would guarantee payments to federal employees.
He emphasized, “While his view carries weight, it’s Congress that must provide that funding,” as reported by a CBS News journalist. “Let’s refer to the Constitution.”
On the other hand, House Speaker Mike Johnson, also a Republican from Louisiana, presented a contrasting perspective, stating that the administration has no legal obligation to compensate furloughed employees for the days lost during the shutdown.
He noted, “It is indeed correct that many, if not most, employees have received wages during previous furloughs, but whether back pay is legally required is debatable among some legal experts.”
