When the government shuts down, the most pressing question for federal employees is simple: How am I going to get paid?

Shutdowns bring stress not just at the office, but at the kitchen table. Mortgages, utilities, medical bills, and family expenses don’t stop because Congress can’t agree on appropriations. Even though back pay is eventually guaranteed for most employees, the disruption creates real financial and legal problems. At the National Security Law Firm, we help federal employees nationwide protect their pay, benefits, and rights when the government stops functioning.

Pay During a Shutdown: What the Law Says

Under the Antideficiency Act, federal agencies cannot spend money without appropriations. That means:

  • Excepted employees must continue working but will not be paid until Congress passes a funding bill.

  • Non-excepted employees are furloughed without pay, but also receive back pay once funding resumes.

  • Contractors generally are not guaranteed back pay unless written into their contract—leaving many without relief.

Congress codified automatic back pay in the Government Employee Fair Treatment Act of 2019 after the record 35-day shutdown. This guarantees that both excepted and non-excepted employees will eventually be made whole—but the timing can still create hardship.

Common Pay-Related Issues After a Shutdown

Even with back pay guarantees, agencies often mishandle the restart process. Employees should watch for:

1. Delayed or Missing Back Pay

Errors in payroll systems or agency confusion sometimes delay paychecks beyond the reopening. Employees may need to pursue claims to recover full amounts owed.

2. Incorrect Overtime, Premium, or Hazard Pay

Back pay must include overtime, night differential, holiday pay, and other entitlements that would have been earned during the shutdown. Agencies often overlook these.

3. Leave Accrual and Use

Shutdown time is considered “in pay status” for purposes of service credit, but mistakes are common. Miscalculated leave balances can affect promotions, retirement, and eligibility for step increases.

4. Retirement and Thrift Savings Plan (TSP) Contributions

Agencies must restore missed contributions once back pay is processed. Errors here can have long-term compounding effects if not corrected.

5. Health and Life Insurance Coverage

FEHB and FEGLI coverage continues during a shutdown, even if premiums cannot be deducted. Once funding resumes, premiums are collected retroactively. Problems arise when agencies mishandle deductions or misclassify coverage.

6. Other Benefits (Child Care, Transit Subsidies, etc.)

Some benefits tied to payroll may lapse or restart incorrectly. These can be challenged if agencies fail to honor obligations.

Can Employees Challenge Pay and Benefit Errors?

Yes. Federal employees have multiple avenues to enforce their rights:

  • Administrative Claims: Employees can file with their agency or payroll provider for corrections.

  • MSPB Appeals: In cases where furlough-related pay disputes intersect with adverse personnel actions.

  • EEOC Complaints: If errors disproportionately affect protected classes or arise from discrimination.

  • Federal Court: Wage claims, especially involving premium pay or improper denial of back pay, can be litigated.

The key is documenting everything: furlough notices, pay stubs, benefit deductions, and communications with HR.

How NSLF Helps Federal Employees

At National Security Law Firm, we know that every paycheck counts. Our attorneys act quickly to:

  • Audit back pay calculations to ensure employees receive every dollar owed.

  • Challenge payroll and benefits errors through administrative and legal channels.

  • File claims for overtime, hazard pay, and leave accrual when agencies get it wrong.

  • Protect retirement and TSP contributions from mismanagement.

  • Litigate wage claims in federal court when necessary.

We don’t just correct errors—we hold agencies accountable.

Why Choose NSLF?

  • Insider advantage: Our team includes former federal employees, JAG officers, and agency insiders who know the system from both sides.

  • 4.9-star Google reviews from clients across the nation.

  • Located in Washington, D.C., the hub of federal employment law.

  • Flexible legal financing so employees can pursue claims immediately, without waiting for back pay.

  • Mission-driven: We fight to maximize every client’s recovery.

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

Ready to Take the Next Step?

If your pay or benefits are mishandled during or after a shutdown, don’t ignore it. Small errors add up quickly—and can jeopardize your career, retirement, and financial security.

📞 Book a $500 one-hour consultation online today. In that session, we’ll audit your situation, explain your rights, and build a strategy to recover every dollar you’re owed.

Protecting your paycheck starts now.

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.