"'The Government Employee Fair Treatment Act of 2019 provides that employees shall be paid for the period of the lapse in appropriations ends,' read a General Services Administration furlough notice sent on Oct. 1. 'As soon as possible after the appropriations lapse ends, you will be paid for the period of the lapse in appropriations, in accordance with 31 U.S.C. § 1341(c) and other applicable laws,' read another from the Interior Department."
"In both cases, and all others reviewed by Government Executive, that language was removed. The change was expected, as the Trump administration has, mostly, argued in recent weeks that it has no obligation to grant retroactive compensation to employees, despite President Trump in 2019 signing into law a measure that guaranteed it in all future shutdowns. The Internal Revenue Service delayed its furloughs by a week at the shutdown's outset, but eventually sent messages to employees noting back pay was guaranteed."
Agencies reissued furlough notices after the lapse entered its 31st day, following a requirement to update notices every 30 days. The reissued notices largely repeated the original boilerplate but removed language assuring back pay when the shutdown ends. A General Services Administration notice and an Interior Department notice initially included statements citing guaranteed pay under law; that language was omitted in the new notices. The administration has argued it is not obligated to grant retroactive compensation despite a 2019 law promising such pay in future shutdowns. The IRS initially assured employees of back pay, then rescinded that guarantee in a subsequent message.
Read at Nextgov.com
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