If you thought that the GOP’s government shutdown couldn’t get any worse, think again.
A draft memo from the White House’s Office of Management and Budget suggests that furloughed federal employees may not be guaranteed pay for their forced time off—an explosive shift likely to ignite backlash from federal workers and lawmakers alike.
Axios first broke news of the draft, which Daily Kos has not reviewed. It’s unclear how seriously the idea is being considered, but it would mark a dramatic escalation in President Donald Trump’s pressure campaign against Senate Democrats—denying back pay to about 750,000 federal workers until the shutdown ends.
A cartoon by Clay Jones.
“This would not have happened if Democrats voted for the clean CR,” a senior administration official told Axios.
The draft memo argues that the Government Employee Fair Treatment Act (GEFTA) has either been misinterpreted or is “deficient” because it was amended nine days after Trump signed it into law on Jan. 16, 2019.
The Trump administration’s stance hinges on a single phrase added during that amendment—that furloughed workers shall be compensated “subject to the enactment of appropriations Acts ending the lapse.” In plain English, that means that Congress would need to specifically allocate the money.
To the White House, it’s a technical distinction with significant implications.
“If it [GEFTA] was self-executing [in future shutdowns], why did Congress do that? It’s precedent,” the senior official said, calling any other interpretation “ridiculous.”
GEFTA has long been understood to guarantee back pay for furloughed employees after a government shutdown.
“Does this law cover all these furloughed employees automatically? The conventional wisdom is: Yes, it does. Our view is: No, it doesn’t,” another senior White House official said.
Related | The shutdown is Republicans’ fault—so why are voters mad at Democrats?
Trump originally signed the law during the 2019 shutdown—which was the longest in U.S. history—to ensure that workers received their pay once the government reopened. Before that, Congress typically had to pass one-off bills to authorize back pay, leaving hundreds of thousands of workers in limbo for weeks.
Other than those who are furloughed, federal employees will continue working without pay until the standoff is resolved. Their first partial paychecks arrive later this week, according to CNN—and for many, they’ll be the last until the shutdown is resolved.
The existence of the draft memo also clashes with Trump and other GOP leaders’ public assurances. Over the weekend, while celebrating the Navy’s 250th birthday at Naval Station Norfolk in Virginia, Trump told sailors not to worry about delayed pay.
“I want you to know that despite the current Democrat-induced shutdown, we will get our service members every last penny,” Trump said. “Don’t worry about it. It’s all coming.”
Office of Management and Budget Director Russ Vought
The draft memo also contradicts the Trump administration’s own recent statements. Both the Council of Economic Advisers and the Office of Personnel Management said in September that furloughed workers would automatically receive back pay once the shutdown ends.
When asked for comment on the new analysis, the American Federation of Government Employees told CNN that it conflicts with OPM’s earlier assurance that workers would be repaid “on the earliest date possible after the lapse ends, regardless of scheduled pay dates.”
Unions and government advocates argue that the White House is misinterpreting the law’s intent—and targeting federal employees to raise the political stakes.
The Trump administration has already outlined other hardball tactics: OMB Director Russ Vought has floated mass firings of federal workers—which legal experts say would be illegal—and announced $8 billion in energy cuts across 16 states—all of which voted for Kamala Harris in 2024.
Speaking to Axios, one Trump adviser summed up the mindset bluntly: “Trump will take his chances in court. Why not?”
For now, the GOP’s shutdown drags on—and Trump appears determined to make federal workers the ones who pay for it.
