What Furloughed Federal Employees Need to Know About Filing MSPB Appeals Under the Government Employee’s Fair Treatment Act

Furloughed Federal Employees Rights

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.

Government Employee’s Fair Treatment Act


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:

  1. Document everything — Keep records of any furlough notices, emails, or communications from your agency.
  2. Track the dates — Record when you were furloughed, when you stopped being paid, and when (if at all) you were recalled.
  3. Save pay stubs and leave records — These can help calculate lost wages and verify employment status.
  4. Contact a federal employment attorney — A lawyer experienced with MSPB appeals can help you file properly and meet all deadlines.
  5. 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.

Frequently Asked Questions

Can furloughed federal employees really appeal to the MSPB?
Yes. If you meet the eligibility requirements and believe your furlough was improper, retaliatory, or procedurally flawed, you can file an MSPB appeal under the Government Employee’s Fair Treatment Act and related civil service protections.
What if the furlough lasts only a few days?
Short furloughs (less than 30 days) can still be appealed in certain cases, especially if they were targeted or discriminatory. The key issue is whether the agency followed proper procedure and applied furlough decisions fairly.
Does the law apply to contractors or only federal employees?
The Government Employee’s Fair Treatment Act applies only to federal employees, not contractors. However, contractors affected by a shutdown may have other remedies under their contract or labor laws.