Ahead of Government Shutdown, Kaine, Colleagues Introduce Legislation to Protect Essential Federal Workers

WASHINGTON, D.C. - U.S. Senator Tim Kaine (D-VA) and colleagues introduced the bicameral Help FEDS (Federal Employees During a Shutdown) Act, legislation to support federal employees who would be required to work without pay during a government shutdown.

"Americans join the federal workforce because they want to help provide essential services to communities across the country," said Kaine. "They shouldn't be punished for that, especially in the event of a government shutdown. That's why I'm glad to join with my colleagues in introducing this legislation to help make it easier for these patriotic workers to pay their bills as they continue to work on behalf of the American people."

When there is a government shutdown, federal employees who are deemed "excepted" or "essential" are required to work without pay. The President and OMB Director have wide discretion over how many federal employees may be deemed essential. During the last government shutdown, when the Trump Administration was in charge, 420,000 federal employees were deemed essential, meaning that 420,000 were forced to work without pay.

The Help FEDS (Federal Employees During a Shutdown) Act ensures federal employees who are required to work during a government shutdown are eligible to apply for unemployment insurance (UI). Essential employees will receive back pay thanks to legislation that Congress passed after the 2018/2019 shutdown. Under this bill, employees would have to pay back the UI when they receive back pay, and states will be reimbursed for the additional UI they would have to pay out. Furloughed employees during a shutdown are already eligible for UI.

"Federal employees, through no fault of their own, are caught in the middle of a political dispute that could force them to go to work without knowing when they will be paid. The Help FEDS Act would provide these nonpartisan civil servants with vital resources to help keep gas in their cars, provide food and necessary medicines for their family and give them peace of mind as they navigate a period of immense financial uncertainty while delivering essential services Americans depend on. I applaud Senator Alsobrooks and Rep. Elfreth for their efforts to help ease the burden placed on these dedicated public servants and for their leadership on this issue," said Doreen Greenwald, NTEU National President.

"In the event of a shutdown, excepted federal workers will be required to work without pay. The least we can do is to allow them to collect unemployment benefits," said Andrew Stettner, Director of Economy & Jobs, the Century Foundation.

"Federal workers should not be pawns in government shutdowns, and if they are required to work without pay, then they should be at least receive unemployment insurance. We appreciate Senator Alsobrooks stepping forward as their champion and introducing this important legislation," said Judy Conti, Government Affairs Director, National Employment Law Project.

In addition to Kaine, this bill is cosponsored by U.S. Senators Angela Alsobrooks (D-MD), Chris Van Hollen (D-MD), Richard Blumenthal (D-CT), Tammy Duckworth (D-IL), Brian Schatz (D-HI), and Mark R. Warner (D-VA). Companion legislation was introduced in the House by U.S. Representative Sarah Elfreth (D-MD-03).

This legislation has been endorsed by the American Federation of State, County and Municipal Employees, the National Treasury Employees Union, the Century Foundation, the National Employment Law Project.

Read the full bill text here.

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