The continuing resolution funding the federal government expired on September 30, 2025, causing a partial government shutdown. More than 750,000 federal employees are currently furloughed, while feds deemed ‘essential’ are working without knowing when they will get paid. President Trump has suggested some feds will not receive back pay when the shutdown is over – despite a federal law guaranteeing such, signed by Trump in his first term. FMA will continue to look out for our members' interests and to demand they be treated with respect.

Resources

As always, every employee should refer to their own agency for communications and guidance related to the government shutdown.

That said, FMA is working to cobble resources that may be useful for federal managers affected by these current events. Please visit FMA’s shutdown hub for useful information and resources, including links to the Office of Personnel Management, our friends at the Federal Employee Education & Assistance Fund, FedSupport.Org, the Partnership for Public Service, and much more. We will continue to post updates to this page, so please visit often. We hope this information will be helpful and please share it with your colleagues.

How We Got Here

The House of Representatives passed a continuing resolution (H.R. 5371) on September 19 by a vote of 217-212 to extend funding for the federal government through November 21. The House has not met to work on legislative business since then, canceling scheduled legislative days.

To date, the Senate has not passed either the House-passed bill or a competing bill, favored by Democrats. Both sides are blaming the other for the shutdown, with no end in sight. Democrats are upset they were not involved in the crafting of H.R. 5371 and are holding firm on renewing expiring health care subsidies to prevent enormous increases for millions of Americans.

Democrats also object to the administration’s claw back of nearly $10 billion in funds Congress previously appropriated, further undermining current spending negotiations. Sen. Brian Schatz (D-HI) recently said many Democrats “are wondering what the point of enacting an appropriations bill is, if we have no assurances that it won’t just be clawed back by the majority.” Schatz is attempting to prevent additional recissions efforts or impoundments on future spending.

FMA Efforts to Prevent a Shutdown

We know FMA members land on both sides of the aisle and we recognize every American has their thoughts on how our country should be run. Ultimately, a government shutdown is never good. It isn’t fair to FMA members, every federal employee and their families, and it is not fair to American citizens who pay their taxes and rightly expect Congress and the government to effectively work on their behalf.

On September 24, FMA National President Craig Carter sent a letter to every member of Congress imploring them to avert a shutdown. He also met with congressional staff during a recent visit to Washington, D.C., sharing the same message. You can read more about Carter’s visit to D.C. elsewhere in this newsletter.

Back Pay

In the days leading up to the current government shutdown, the Office of Management and Budget (OMB) removed references to the Government Employees Fair Treatment Act – the 2019 law that ensures all feds are provided back pay following a government shutdown – from its shutdown guidance. The Administration signaled it would pursue a new interpretation of the 2019 law, suggesting it only applied to the 35-day shutdown from December 2018 into January 2019. 

However, the Government Employees Fair Treatment Act, signed into law by President Trump, states it applies to any employee furloughed during “any lapse in appropriations that begins on or after December 22, 2018.”

On Tuesday, October 7, President Trump suggested he is considering not giving back pay to all feds when the shutdown is over.

“I would say it depends on who we’re talking about,” President Trump said. “For the most part, we’re going to take care of our people, there are some people that really don’t deserve to be taken care of.” He suggested some federal employees are being harmed by Democrats and “will not qualify” for back pay.

On Wednesday, October 8, Government Executive reported furloughed IRS employees are receiving a message reading, “Although you will be placed in non-pay and non-duty status during the furlough, the Government Employee Fair Treatment Act of 2019 requires employees of the federal government who are furloughed or required to work during a lapse in appropriations to be compensated for the period of the lapse.” The email also states furloughed employees “must be compensated on the earliest date possible after the lapse ends, regardless of scheduled pay dates.”

Members of Congress on both sides of the aisle have appeared to distance themselves from the administration’s current argument about back pay. Legislators indicate the question of back pay for feds has been settled via the 2019 law and all feds, excepted and furloughed, are entitled to receive retroactive back pay.

Reductions in Force (RIFs) Threatened

FMA is supporting action to reverse all RIFs that occur in response to the shutdown. We are deeply concerned that federal employees are being used as scapegoats and political pawns. Federal employees should not be punished for Congress and the Administration failing to do their jobs. FMA stands steadfast against threatened reductions in force (RIFs).Federal employees dedicate their careers to service to country and deserve to be treated with dignity and respect.

On Friday, October 10, Office of Management and Budget (OMB) Director Russ Vought posted on X that RIFs have begun. An OMB spokesperson confirmed notices are being sent and described them as “substantial.”

Unions have already filed lawsuits related to these RIFs, and there are concerns the action violates the Anti-Deficiency Act.

According to reporting from Government Executive, the RIF notices are “likely” to come with a 60-day notice period, meaning affected employees will not be terminated immediately. Additionally, OMB guidance to agencies has advised that layoff orders could be revised upon conclusion of the government shutdown.

Hatch Act Violations?

Agency messaging featured on their websites has been assigning blame, as well.

The Treasury Department features the following message at the top of every page of its website: “The radical left has chosen to shut down the United States government in the name of reckless spending and obstructionism.”

The Department of Health and Human Services features this message on a bright red banner: “Mission-critical activities of HHS will continue during the Democrat-led government shutdown.”

House Speaker Mike Johnson called the messaging “just stating objective facts.” Democratic lawmakers, however, including House Oversight and Government Reform Committee Ranking Member Robert Garcia (D-CA), have requested the Office of Special Counsel launch an investigation as to whether these messages violate the Hatch Act.

“The Hatch Act, a federal law passed in 1939, limits certain political activities of federal employees, as well as some state, , and local government employees who work in connection with federally funded programs,” reads the Office of Special Counsel’s website. “The law’s purposes are to ensure that federal programs are administered in a nonpartisan fashion, to protect federal employees from political coercion in the workplace, and to ensure that federal employees are advanced based on merit and not based on political affiliation.”

Legal experts are divided on whether the messaging on agency websites and emails to federal employees constitutes violations of the Hatch Act.

While it is not FMA’s place to determine what constitutes an infraction against the Hatch Act, we fail to see how characterization, name calling, and jokes help the country at this difficult time. Federal employees and the citizens of the country deserve collaboration, compromise, working together and a respectful, healthy dialogue.