Revised Stance on Guaranteed Post-Shutdown Pay for Furloughed Workers
The agency responsible for tax collection in the country is revising previous claims made to furloughed employees that they would receive back pay after the end of the government shutdown.
In a recent notice, the tax agency indicated it's following the advice of the Office of Management and Budget. This office recently suggested that furloughed government employees might not receive the promised back pay.
Previous Legislation on Back Pay
Historically, a law signed by the President ensured that furloughed employees were guaranteed back pay after the conclusion of any government shutdown. This law was enacted following an unprecedented 35-day government shutdown.
An early memo pertaining to furlough guidance was found to have misrepresented the Government Employee Fair Treatment Act of 2019, specifically in relation to compensation for non-pay and non-duty status. The tax agency stated that the Office of Management and Budget would offer guidance on this matter and that employees would be updated accordingly.
Confusion Among Tax Agency Employees
An employee of the tax agency reported that earlier guidance, which was emailed to employees, was automatically removed from their inboxes by the following day. Despite the agency's change in stance, previous guidance ensuring back pay can still be found on its website, which provides shutdown guidance to employees.
The tax agency had informed furloughed employees that even though they would be placed in non-pay and non-duty status during the furlough, the Government Employee Fair Treatment Act of 2019 demands that employees of the federal government who are furloughed or required to work during a lapse in appropriations be compensated for the period of the lapse.
The notice further stated that these employees must be compensated at the earliest possible date following the end of the lapse, regardless of scheduled pay dates.
Proposed Changes to Back Pay
However, the Office of Management and Budget circulated a draft legal opinion suggesting that furloughed federal employees would not automatically receive back pay. Instead, they proposed that lawmakers must explicitly approve back pay for furloughed workers in a temporary spending bill.
This proposal immediately faced opposition from leaders of both political parties, and legal experts suggested it would likely be subject to legal examination. A prominent political figure stated his belief that the law requires such employees to be paid, citing tradition and statutory law. He further expressed his opinion that federal employees should not be subjected to financial hardship.
Employee Reactions
An employee of the tax agency characterized this latest update as "extremely confusing and stressful." According to this employee, there's a great deal of uncertainty about who will receive pay and who won't.
This story is still unfolding and updates will be provided as they become available.