The White House argues a legal clause makes retroactive pay dependent on Congress approving funds

A draft White House memo suggests furloughed federal workers may not receive back pay after the government shutdown ends, White House press secretary Karoline Leavitt told NBC News.

The memo contradicts the Office of Personnel Management’s September guidance and the 2019 Government Employee Fair Treatment Act, which guarantees back pay for all federal employees affected by a shutdown.

The White House argues a legal clause makes retroactive pay dependent on Congress approving funds.

Republicans and the White House are pressuring Democrats to pass a short-term funding bill, while Democrats seek to extend Affordable Care Act subsidies.

Union leaders slammed the memo, calling it a “misinterpretation of the law.”

Meanwhile, Congress has not reached a deal, and federal employees remain furloughed as lawmakers return on October 14.