Government Shutdown Furloughs: What Federal Employees Need to Know -

With government appropriations set to expire, hundreds of thousands of federal employees are bracing for furloughs. If you’re a federal worker, you may be asking: Am I excepted or non-excepted? Will I be paid? Can I challenge a furlough decision?

At the National Security Law Firm, we’ve been here before. Our attorneys represent federal employees nationwide in furlough appeals, disciplinary cases, and adverse action challenges. This guide explains your rights, what to expect, and how we can help you protect your career.

Shutdown Furlough Basics

Shutdown furloughs are governed by the Antideficiency Act. When Congress fails to appropriate funds, agencies cannot pay employees—except in narrow circumstances. That means:

Excepted employees (those whose work protects life or property, supports constitutional functions, or is funded outside annual appropriations) must continue working without pay. They receive back pay once Congress restores funding.
Non-excepted employees are sent home without pay and also receive back pay when appropriations resume.

This system is not new. Every shutdown since the 1980s has followed this model. But that doesn’t mean furloughs are simple—or fair.

The Categories of Excepted Employees

Agencies decide who is excepted or non-excepted based on OMB Circular A-11 and DOJ guidance. In a 1995 opinion, the Office of Legal Counsel identified four major categories of excepted employees:

Employees funded by non-annual appropriations.
Employees performing activities expressly or implicitly authorized by law.
Employees carrying out presidential constitutional duties.
Employees protecting life or property.

While these categories sound narrow, in practice they can be broad—and politically influenced. Agencies’ contingency plans often reflect the administration’s priorities as much as the law.

How Furloughs Impact Federal Workers

Paychecks delayed: Excepted and non-excepted employees both wait for back pay until appropriations pass.
Morale destroyed: Shutdowns leave workers demoralized. During the 2019 shutdown, sick-outs at FAA and TSA caused major delays at LaGuardia and other airports.
Workloads explode: Excepted employees often shoulder heavier burdens while colleagues are furloughed.
Retention issues: Some workers leave federal service altogether after a shutdown. Agencies already struggling with staffing shortages—like FAA and NWS—face lasting disruptions.

Even though furloughs are technically temporary, their ripple effects are long-term.

Can Employees Challenge Furloughs?

Yes—but success depends on the facts.

Notice Requirements: Agencies must give at least 30 days’ notice for furloughs over 30 days, and a “reasonable” notice for shorter ones. Failure to comply can make a furlough unlawful.
Classification Errors: Were you wrongly classified as non-excepted? If so, you may have grounds for a challenge.
Discrimination/Retaliation: If furlough decisions disproportionately target a protected class, or are retaliatory, they may be challenged as prohibited personnel practices.
MSPB Review: Employees can appeal furloughs of 30 days or less to the Merit Systems Protection Board. While review is narrow, agencies must still justify their designations and procedures.

How NSLF Helps

When shutdowns hit, federal employees need quick answers and strong advocates. Here’s how we can help:

Furlough notice review — ensuring agencies followed every legal requirement.
Excepted vs. non-excepted classification challenges — fighting wrongful designations.
MSPB and EEOC appeals — representing employees in furlough-related cases.
Whistleblower protection — defending employees punished for speaking up.
Back pay disputes — making sure agencies honor their obligations once funding resumes.

We know how agencies cut corners in times of crisis. Our team has decades of experience—inside federal agencies and in court—spotting mistakes and turning them into wins.

Why Choose NSLF?

Elite team of former JAG officers, federal agency lawyers, and insider experts.
Located in Washington, D.C., the hub of federal employment law.
4.9-star Google reviews from clients nationwide.
Nationwide representation in every federal agency.
Flexible legal financing so you don’t have to wait until back pay arrives to fight back.
Mission-driven: We maximize case value and defend every client like family.

National Security Law Firm: It’s Our Turn to Fight for You.

Ready to Take the Next Step?

If you’re facing a furlough—or already received notice—don’t assume it’s untouchable. Agencies make mistakes, and when they do, you have rights worth protecting.

📞Book a one-hour consultation for $500 online today. In that session, we’ll review your case in detail, answer your questions, and map out a strategy to fight back.

The shutdown may be beyond your control. Taking action isn’t.

More Shutdown Resources for Federal Employees

The shutdown raises many legal questions beyond RIFs. We’ve built a series of guides to help you understand your rights and options:

Each post dives deep into a different issue—together, they form the most comprehensive resource online for federal employees navigating a shutdown.