New Legislation Would Provide Immediate Pay To Some Federal Employees During The Shutdown

Recently introduced legislation would provide pay to excepted federal employees who are forced to work without pay during the ongoing partial government shutdown.

The Shutdown Fairness Act (S. 3012) was introduced by Senator Ron Johnson (R-WI).

The legislation would appropriate funds directly from the U.S. Treasury to pay excepted federal employees—those required to work during a lapse in appropriations, including emergency personnel, contractors supporting those roles, and active-duty military members for both the current shutdown and any in the future. It would apply retroactively to September 30, 2025, the day before the shutdown began.

The bill also stipulates that the temporary appropriations would end once full-year or interim funding is enacted. It also contains restrictions that prevent agencies from using these funds if other continuing appropriations are already in place.

The Senate is scheduled to vote on the legislation on Thursday, October 23, 2025.

Federal employees have begun missing paychecks the longer the government shutdown continues. President Trump recently signed an order directing the Pentagon to ensure active-duty military personnel are paid amid the shutdown.

How Pay for Excepted Federal Employees Works Now

Currently, under the Government Employee Fair Treatment Act of 2019, federal employees who are furloughed or required to work during a shutdown are guaranteed back pay once the shutdown ends. The legislation was signed into law on January 16, 2019, and requires the following:

• Furloughed employees receive retroactive compensation for the period they were not working
• Excepted employees—those who continue working during a shutdown—also receive back pay, but only after appropriations are restored

Although federal employees are eventually ensured to be paid, current law does not provide immediate financial relief. Workers often go weeks without pay, leading to financial strain and uncertainty.

Johnson’s bill seeks to close this gap by providing upfront funding for excepted federal employees who must continue working, rather than relying on retroactive payments.