Pay Federal Workers and Servicemembers Act

During a government shutdown due to a lapse in appropriations, federal employees who are excepted from furlough are required to report for work and perform duties, but their pay is delayed until appropriations legislation is enacted. Under guidance issued by the Department of Labor, excepted employees who are performing services (but whose payment for that work is delayed) are generally ineligible for unemployment compensation benefits based on states' definitions of unemployment.

This bill provides that, for the purpose of determining eligibility for unemployment compensation during a government shutdown, excepted employees are deemed to be (1) totally separated from federal service, and (2) eligible for unemployment compensation benefits with no waiting period for the eligibility to accrue.

The bill applies to the following federal personnel who are excepted from furlough and are not being paid due to a government shutdown: (1) any member of the Armed Forces or the Commissioned Corps of the National Oceanic and Atmospheric Administration, and (2) any federal civilian employee who is an excepted employee or an employee performing emergency work.