If you are a federal employee and are currently not receiving pay due to the government shutdown, you are probably wondering: Will I receive retroactive pay once the closure ends? This is a real concern for approximately 1.4 million workers who They have not cashed their full checks since Friday, October 10.
Both the employees who have been temporarily suspended, known as furlough, as “excepted” workerswho must continue working without receiving pay during the closure, are entitled to receive back pay. This is clearly stated in the Government Employee Fair Treatment Act of 2019.
“(Both groups) will be paid for the period of the lack of assignments, and each excepted employee who is required to work during this period will be compensated for that work at his standard rate.”details the law.
Despite this, some internal government memos have generated confusion. A draft from the White House Office of Management and Budget suggests furlough workers may not receive back pay.
“I would say it depends on who we are talking about,” President Trump declared, when asked on October 7, referring to furlough worker payments.
However, Legal experts insist the law unequivocally protects federal employees.
“The law is very clear in its mandate to provide automatic retroactive pay to furlough workers during a lack of assignments.”confirms Max Stier, CEO of the Association for Public Service.
The time to receive retroactive payment will be as soon as possible after the government shutdown ends, regardless of the scheduled payment date. Michael LeRoy, professor of labor law at the University of Illinois, explains that “The law makes it clear that they have the right to retroactive payment and favors automatic payment”. This means that workers must receive their full salary for unpaid days immediately after funds are approved.
It is important to highlight that government contractorswho work in cleaning, technology and other services, They are not covered by this law and their payment will depend on the financing of their contracts..
Besides, Federal employees can apply for unemployment compensation while the shutdown lasts. Benefits apply for a maximum of 26 weeks and vary depending on state law. When back pay is paid, any unemployment benefits received will be adjusted to avoid overpayments.
Excepted workers who continue to work are not considered unemployed and generally do not qualify for unemployment benefits. Labor attorney Tom Spiggle said these employees should expect to receive their back pay without it affecting any additional compensation they may have received during the shutdown.
It is essential that you keep all this information in mind if you are a government employee, furloughed, or working without pay. If you are a contractor, it would be good to review what your contract indicates to know if you are entitled to retroactive or partial payment.
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