Some Army civilian employees who were supposed to be furloughed during the recent shutdown went to work anyway, then were instructed to fill out time cards stating that they had not. Now the workers fear that this violated standard procedures and forced them to break the law.
When a shutdown looms, government agencies typically tell each employee whether they are “excepted/exempted”—that is, allowed to work during the lapse in annual appropriations—or “non-excepted,” and therefore barred from working.
In an email to staff on Monday, Feb. 2—the first weekday of the four-day shutdown—the Army’s Installation Management Command told its employees via email to proceed with “normal operations,” adding that “all command battle rhythm events will occur as scheduled.” The email said that Army headquarters had issued no formal guidance for the shutdown, and therefore employees should continue conducting their normal work.
That struck at least some staff as a violation of the Anti-Deficiency Act, the law that restricts federal spending to only what Congress appropriates.
“I don’t know how anyone in the Army can have non-excepted employees currently work with no appropriation,” said one IMCOM employee who was slated to be furloughed but who was told to work anyway. “Someone needs to be held accountable.”
Later on the evening of Feb. 2, IMCOM officials again emailed the command’s civilians, instructing them to report to work on Tuesday, Feb. 3.
They did. But late on the morning of Feb. 3, workers deemed non-exempted received furlough notices, and consequently stopped working.
Later that day, command leaders sent an email instructing non-exempt workers to code their timesheets as having been on furlough all day on Feb. 2 and Feb. 3.
Government Executive and Defense One reviewed copies of the emails.
The IMCOM employee noted that federal workers must certify their timesheets are true and accurate before submitting them.
“This is neither true or accurate,” the employee said of the timesheet they were told to submit. They suggested the directive was a “CYA,” or cover your ass, move by the command’s leaders after having employees work who were not supposed to do so.
Nicole Wieman, an IMCOM spokesperson, declined to comment and directed questions to the Army.
Asked about the matter, Army spokesperson Christopher Surridge sent this statement: “The U.S. Army shutdown [sic] when directed by the Department of War.”
Spokespeople for the Defense Department declined to comment.
Something similar happened at a different Army office. An email sent on the morning of Feb. 3 advised civilian employees to “ensure their time and attendance is recorded for Feb. 3-6, 2026, with furlough time” even if they worked when they weren’t supposed to be.
An Army civilian who received that email said no shutdown guidance was provided to the office during regular work hours on Feb. 2.
“It’s very frustrating,” the civilian said. “We’re all just sitting on the edge of our seats, waiting. Are we going to get sent home? Are we not going to be sent home?”
The shutdown ended on the evening of Feb. 3, when President Trump signed a spending bill. The following day, employees were back to their normal duties.
Just before the shutdown began, Defense Department officials released guidance that around 55 percent of its 740,000-plus civilian employees would work through the funding lapses, while the rest would be placed on furlough. The guidance made clear that federal employees were not permitted to work once they completed their “orderly shutdown activities,” which, per the Office of Personnel Management, can take “up to four hours.”
“Federal agencies generally may not accept services from employees, whose salaries are set by law, without the obligation of appropriations for their compensation, except for emergencies involving the safety of human life or the protection of property,” the guidance stated.
The furloughed employees were, by definition, not excepted for the protection of life or property and were therefore ineligible to continuing working all day on Feb. 2 and into Feb. 3.
The Anti-Deficiency Act is enforced by the Government Accountability Office, which noted violations during the first Trump administration.
On Thursday, GAO spokesperson Jessica Baxer said that the law prohibits agencies from accepting “voluntary services” from its employees.
“As such, when a shutdown occurs, the act requires agencies to generally stop their operations,” Baxter said. “While there are exceptions, we have noted that the ongoing, regular functions of government may not continue during a lapse in appropriation.”
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