Washington — Hundreds of thousands of federal employees could soon go without pay or face potential layoffs, since a government shutdown went into effect on Wednesday, Oct. 1.
The GOP-controlled House passed a bill earlier this month to extend government funding until Nov. 21, but the bill stalled in the Senate, where Democratic votes were needed to advance it. Democrats wanted an extension of health care subsidies under the Affordable Care Act, which Republicans opposed. With hours left before the midnight deadline Wednesday, the Senate voted down two competing Democratic and Republican proposals to keep the government funded.
Under the shutdown, federal employees in critical positions are required to stay on the job. Many others will be forced to stay home. Both groups will have their paychecks delayed until Congress approves more spending. Most federal contractors might not get paid at all.
Here’s what the shutdown means for lawmakers themselves — and their paychecks.
Will members of Congress get paid during a government shutdown?
The short answer is yes. Lawmakers will continue to draw a paycheck.
The reason is because of how their pay is treated under the Constitution and federal law. Article I, Section 6 of the Constitution states: “The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.” Lawmakers’ pay has been funded by a permanent appropriation since 1983, according to a recent Congressional Research Service report, meaning funding for their pay doesn’t need to be renewed annually.
Members’ pay rate is set by a process established by federal law, and the 27th Amendment says any law to change their pay can’t take effect until after the next congressional election.
Most members earn a salary of $174,000 per year, a rate that has not changed since 2009. The speaker of the House earns $223,500, while the president pro tempore of the Senate and the party leaders in both chambers make $193,400.
When it comes to other federal entities, the law that governs how they must act during a lapse in funding is known as the Antideficiency Act. In short, it says that federal agencies generally can’t spend more money than Congress has approved. This means many agencies must furlough employees — that is, tell them to stay home — if they haven’t received funding.
There are some exceptions. Some programs, like Social Security and Medicare, have permanent funding, and benefits continue to be paid out as normal. Employees whose jobs are necessary to protect life and property must also stay on the job. Those whose roles are authorized by other laws can keep working, as can officials with constitutional responsibilities.
When it comes to congressional staffers, each office determines which employees are deemed essential and thus allowed to keep working during a shutdown. Most are expected to keep all or nearly all of their employees on board, though the staffers won’t be paid until more funding is approved.
Does the president get paid during a shutdown?
Yes. The Constitution prohibits reducing the president’s salary while in office, “thus effectively guaranteeing the president of compensation regardless of any shutdown action,” according to a Congressional Research Service report from 2018.
The president earns $400,000 annually, an amount set by Congress in 2001.
His aides and staffers, however, are subject to the furlough requirements under the Antideficiency Act, meaning those in nonessential positions could be told to stay home until Congress authorizes more funding. In past shutdowns, presidents have furloughed many executive branch employees to increase pressure on Congress to take action.
Do other federal employees get paid during a shutdown?
Federal employees, whether they remain on the job or are furloughed, won’t get paid while the government is shut down.
They also face the risk of being permanently laid off if there’s a shutdown, according to a memo from the Office of Budget and Management. The reduction-in-force notices would be in addition to any furlough notices, according to a memo sent to the agencies.
“Programs that did not benefit from an infusion of mandatory appropriations will bear the brunt of a shutdown, and we must continue our planning efforts in the event Democrats decide to shut down the government,” the memo said.
Those who still have jobs will receive back pay once funding is restored to their agency. In prior shutdowns, Congress had to approve back pay for employees, but a 2019 law made it mandatory. Contractors — who were responsible for carrying out about $755 billion worth of government work in the last fiscal year — are not guaranteed back pay.
Each agency determines which positions are considered essential and which are not. The Office of Management and Budget has directed agencies to notify employees no later than two business days before a lapse in funding about their work and pay status.
Some members of Congress have previously pointed out the apparent hypocrisy of lawmakers continuing to be paid while other federal employees miss out on their checks. In 2023, members of both parties offered different proposals that would prevent Congress from getting paid during shutdowns, but none attracted widespread support, and the 27th Amendment forbids any immediate change.
