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Employees in agencies affected by the partial government shutdown, whether furloughed or expected to continue to work, generally are in line to receive their next regularly scheduled pay distribution but after that, things could get murky.

The partial government shutdown started on Saturday the 22nd, the last day of a biweekly pay period on the standard cycle the government uses (there are some exceptions). Even where the standard cycle is used, though, actual pay distribution dates vary. According to guidance from OMB, “paychecks for that pay period should be issued at the normal time (generally, in the December 28 to January 3 time range).”

Those will include normal earnings for that pay period except that they “may not include pay for any work performed on Saturday, December 22. Agencies should document that work as well as any other later work performed during the lapse.”

“Lapse-affected employees may not receive any pay for work (i.e., orderly shutdown activities or other excepted work) performed during the lapse until after the lapse has ended,” it adds.

Employees whose work is deemed “excepted” from furlough and who are ordered to continue working are guaranteed by law to be paid later for that time since the government has incurred an obligation to them. However, the guidance stresses that “no pay may be provided for excepted work during the December 23-January 5 pay period until the lapse in appropriations has ended. The treatment of the pay of employees during furlough periods will be determined by Congress in legislation enacted in connection with the restoration of appropriations.”

Employees who are furloughed (“non-excepted”) traditionally have been paid as if they had worked as well, but that requires action by Congress each time. The Senate already has passed a bill guaranteeing that they will be paid; the House is considered likely to follow suit. The back pay traditionally has included payment for regularly scheduled overtime, premium pay and other differentials that otherwise would have been paid.

However, the timing of payments would depend on the shutdown’s length and how quickly agencies could provide for back pay, unknowable at this point.

More about Federal Government Furlough Rules at ask.FEDweek.com