Both excepted and furloughed employees are guaranteed back pay once the shutdown ends and will have to repay unemployment compensation received - but many simply need money now to cover expenses. Image: MRAORAOR/Shutterstock.com
As the partial shutdown continues on, differing interpretations are emerging among states regarding whether those still working but without pay can receive unemployment benefits.
The federal government’s position, stated in several sets of guidance, is that workers “excepted” from furlough in a funding lapse are not eligible for such benefits if they are working full-time, although they may be eligible—depending on state law—if they are working only intermittently. That interpretation has drawn criticism from many directions, including from several Democratic House members who have introduced legislation (HR-720) to overturn it.
Despite the federal policy, they say, California, Colorado, Vermont and the District of Columbia have decided that they will pay those benefits to excepted employees, while several other states have asked the administration to reverse its position.
There is no dispute that furloughed employees are eligible for unemployment benefits, although those policies too differ among states. At least Maryland, Virginia and the District of Columbia have waived the normal requirement to be actively looking for a job to claim those benefits.
Both excepted and furloughed employees are guaranteed that they will receive back pay once the shutdown ends and thus will have to repay any unemployment compensation received. However, those many need those benefits in the meantime to live on.