When the federal government shuts down or funding lapses, thousands of dedicated public servants suddenly find themselves without pay. The uncertainty, financial strain, and frustration can be overwhelming — especially when you’ve devoted your career to serving the American public.
If you’re a furloughed federal employee who is not being paid, you may have rights you’re unaware of. Under the Government Employee’s Fair Treatment Act, you can challenge your unpaid furlough and, in certain cases, file an appeal with the Merit Systems Protection Board (MSPB) to protect your rights and recover lost wages.
What Is the Government Employee’s Fair Treatment Act?
The Government Employee’s Fair Treatment Act of 2019 was enacted in response to prior government shutdowns that left federal employees without pay. The law ensures that federal workers affected by a lapse in appropriations — in other words, furloughed without pay through no fault of their own — are entitled to receive back pay once funding is restored.
However, it also reinforces the right of federal employees to challenge improper furloughs through the MSPB. If you were designated as “non-essential” and sent home without pay, and you believe that decision was incorrect or retaliatory, the Act gives you a legal path to appeal.
Why Furloughed Federal Employees Can File MSPB Appeals
Federal employees have due process rights under civil service laws that protect them from unjust employment actions — including furloughs. When an agency furloughs employees, it must follow strict procedural rules and justify the decision based on legitimate operational or funding reasons.
If those procedures aren’t followed, or if you were targeted unfairly, you can challenge the furlough through an MSPB appeal.
Typical claims that may succeed include:
- Furlough decisions based on improper or discriminatory criteria
- Retaliation for whistleblowing or protected disclosures
- Agency violations of reduction-in-force (RIF) or furlough procedures
- Misclassification of employees as “non-essential” without justification
Even if the government later restores pay, you may still be entitled to relief if your rights were violated.
Who Is Eligible to File an MSPB Appeal During a Furlough
Not every furloughed worker can appeal, but many federal employees in the competitive or excepted service do qualify. Generally, you can file an MSPB appeal if:
- You are a career or career-conditional employee in the competitive service
- You are in the excepted service with two or more years of continuous federal service
- You are a preference-eligible veteran with qualifying service
- You were furloughed for more than 30 days, or for more than 22 discontinuous workdays
If you’re unsure whether you qualify, a federal employment lawyer can help assess your eligibility before you file.
Steps Furloughed Employees Should Take Right Now
If you are currently furloughed and not receiving pay, here’s what to do:
- Document everything — Keep records of any furlough notices, emails, or communications from your agency.
- Track the dates — Record when you were furloughed, when you stopped being paid, and when (if at all) you were recalled.
- Save pay stubs and leave records — These can help calculate lost wages and verify employment status.
- Contact a federal employment attorney — A lawyer experienced with MSPB appeals can help you file properly and meet all deadlines.
- File your appeal promptly — Generally, you must file your MSPB appeal within 30 days of the furlough action or notice.
Missing a filing deadline can jeopardize your case, so don’t delay in getting help.
Practical Guidance on Documentation and Deadlines
When filing an MSPB appeal under the Government Employee’s Fair Treatment Act, it’s critical to:
- Include a copy of your furlough notice and any relevant correspondence.
- Clearly state the basis of your appeal — for example, procedural violations or discrimination.
- Provide documentation showing your employment status, service time, and any prior disciplinary actions.
- Submit your appeal through the MSPB e-Appeal system (found on mspb.gov) within the deadline.
If you miss the 30-day window, the MSPB may dismiss your appeal, even if your claim has merit.
How Our Firm Helps Federal Employees Protect Their Rights
At Leitner Varughese Warywoda Law our practice focuses exclusively on representing federal employees nationwide in disputes before the Merit Systems Protection Board and other administrative bodies.
We understand the unique challenges of federal service and the toll that furloughs, pay freezes, and unfair personnel actions can take on your livelihood. Our attorneys have decades of experience handling MSPB appeals, furlough cases, and retaliation claims for federal workers.
When you work with us, we:
- Evaluate whether your furlough was lawful or procedurally flawed
- Prepare and file your MSPB appeal correctly and on time
- Advocate for your back pay, benefits, and reinstatement
- Stand by you through every stage of the appeal process
Our goal is simple: to help unpaid federal workers assert their rights, recover what they are owed, and move forward with confidence.
Frequently Asked Questions
Contact LVW Law Today
If you’ve been furloughed without pay, you don’t have to face the system alone. The Government Employee’s Fair Treatment Act gives you rights — and our team can help you enforce them.
Contact LVW Law for a free consultation with an experienced federal employment lawyer. We’ll review your situation, explain your options, and fight to protect your career and your pay.
📞 Reach out to us either by phone at (888) 594-0424 or through our online contact form to get started.