The Internal Revenue Service (IRS) issued a memo on Wednesday, clarifying that federal employees are legally entitled to compensation for the duration of their furlough during a government shutdown. This statement comes just a day after Axios reported on a draft memo from the White House that suggested otherwise. This announcement is significant for the hundreds of thousands of federal workers who may face furloughs each day the government remains shut down.
This clarification from the IRS is likely to provide relief to federal employees, as it reinforces their rights under the Government Employee Fair Treatment Act (GEFTA) of 2019. This law, signed by former President Trump during the previous government shutdown, mandates that federal workers who are furloughed or required to work during a lapse in appropriations must be compensated for the duration of that lapse.
In a letter from Acting IRS Human Capital Officer David Traynor, it was noted that while employees would be placed in a non-pay and non-duty status during the furlough, the GEFTA stipulates that these employees are entitled to be paid as soon as possible after the funding lapse concludes. This information is crucial for maintaining the morale of federal workers who are anxious about their financial stability during uncertain times.
The issuance of the IRS memo has sparked bipartisan concern regarding the interpretation of the law. Representative Jamie Raskin (D-Md.) expressed to Axios that the law does not support the Trump administration's threats to withhold pay from federal employees. Conversely, House Speaker Mike Johnson (R-La.) raised questions at a press conference, noting that some legal analysts believe that the law may not explicitly require back pay to be provided.
The contention stems from the draft memo's wording, which indicated that furloughed employees would be compensated "subject to the enactment of appropriations Acts ending the lapse." According to this interpretation, compensation for these workers would depend on specific funding being appropriated by Congress. When questioned about the potential withholding of pay for furloughed employees, Trump remarked that the decision would depend on "who we're talking about." However, legal experts and advocates for federal workers argue that this perspective misreads the law's intent.
As of Wednesday, the IRS has implemented an IRS-wide furlough affecting nearly half of its workforce, excluding those identified as excepted or exempt. Due to the ongoing lapse in appropriations, the agency has suspended most of its operations. This situation highlights the broader impact of government shutdowns on federal employees and their families.
The IRS's recent memo serves as a crucial reminder of the rights of federal workers during times of governmental uncertainty. As the situation continues to develop, it is essential for federal employees to stay informed about their rights and the legal frameworks that protect them. The ongoing discussions and disputes surrounding federal employee pay underscore the importance of clarity and fairness in government operations.
