Lapse in Appropriations

There is no legal requirement to provide written notification amending the original notice of decision to furlough. Therefore, once a determination is made by the appropriate official that an employee should be recalled for all or a portion of the remaining furlough period, the supervisor/manager can inform the employee by any reasonable method (e.g., telephonic or personal email).

If it is later determined that a recalled employee’s services are no longer necessary to engage in an excepted function, the supervisor/manager can inform the employee by any reasonable method (e.g., telephonic, oral, or personal email) and is not required to issue a new notice of decision to furlough, provided such determination is made during the time period indicated in the original notice of decision to furlough.

Supervisors/managers should document changes in status from non-excepted to excepted, or vice versa in order to provide source documentation to effect any resulting personnel actions. Such documentation may be by: memorandum for record, e-mail communications, spreadsheet, or similar means.

Excepted activities are addressed in the "Guidance for Continuation of Operations During a Lapse in Appropriations - Sept. 2025" issued by the Deputy Secretary of War at the time of the shutdown.

Yes. 31 U.S.C. § 1341(c)(2) provides retroactive pay for Federal employees affected by a lapse in appropriations. Retroactive pay will be paid at the employee’s "standard rate of pay." The pay must be provided on the earliest day possible after the lapse ends, regardless of scheduled pay dates. An employee affected by a lapse in appropriations is not entitled to retroactive pay for the time the employee had been previously (before the lapse) scheduled to be in a non-pay status.