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How are essential versus nonessential federal employees determined in 2025?
Executive summary
Federal agencies decide who must work during a lapse in appropriations by applying Office of Personnel Management (OPM) and agency contingency guidance that distinguishes “excepted” (commonly called essential) employees who perform work protecting life or property from those furloughed; exempt employees whose pay is funded outside annual appropriations continue to be paid [1] [2]. Recent 2025 reporting and legal analysis shows designation is shaped by statute, the Antideficiency Act, agency plans, and shifting Administration priorities — and those priorities, plus probationary status and RIF procedures, can matter more to individual careers than the “essential” label alone [3] [4].
1. How the legal framework sorts staff during a funding lapse
When appropriations lapse, agencies must follow the Antideficiency Act and OPM/agency contingency guidance to stop non‑critical activities; that framework sorts workers into categories such as exempt, excepted (essential), and furloughed (non‑excepted) [2] [5]. OPM guidance defines excepted/“essential” work as tasks that “involve the safety of human life or the protection of property” or other statutory duties that cannot be suspended [1]. Employees whose programs are funded outside the annual appropriations process are treated as exempt and remain on payroll [2].
2. Who decides — and why agencies can differ
Ultimately, each federal agency must decide which of its employees are excepted based on OPM guidance and the agency’s contingency plan; there is no single centralized list covering every position [1]. Congressional offices and individual agency components may make their own determinations [6]. That decentralized process produces variation across the government and makes some designations appear inconsistent between departments [1].
3. What “essential” actually means on the ground
In practice, excepted/essential designations focus on activities that are legally required to continue — law enforcement, air traffic control, border protection, mission‑critical health and safety functions — rather than on a broad valuation of an employee’s worth [7] [6] [1]. News reporting and explainers list IRS agents, TSA, air traffic controllers, and many law‑enforcement and correction officers among those considered essential in past shutdowns [7] [1].
4. Why the label can be misleading for employees
Legal and policy analysts warn that being labeled “essential” or “nonessential” is not the only factor determining an employee’s future: probationary status, Administration priorities, and RIF (reduction‑in‑force) procedures can have greater career impact, and new Administration memos have highlighted follow‑through on RIF in some personnel plans [3]. Commentators argue the terms themselves—“essential” versus “nonessential”—can be stigmatizing and imprecise, which is why official usage shifted toward “excepted” and “non‑excepted” in guidance [8] [7].
5. Political and policy disputes over who is counted as non‑essential
Advocacy groups and some policy writers dispute how many workers are deemed nonessential and what that implies for budgeting; for example, one organization cited figures that tens or hundreds of thousands were designated nonessential under prior plans and argued taxpayer savings should follow [9]. Other organizations and analysts caution that such categorizations overlook service continuity and legal constraints under the Antideficiency Act [2] [5].
6. Practical impacts — pay, duties, and morale
Excepted employees normally must continue to work during shutdowns and may not be paid until Congress restores appropriations, while furloughed employees are placed in a non‑duty, non‑pay status; these distinctions drive immediate financial and operational consequences [1] [2]. Research and interviews show shutdown designations have lingering effects on morale and retention — workers labeled “nonessential” may feel undervalued and be more likely to consider leaving [8].
7. Limitations in available reporting and open questions
Available sources describe agency-level discretion, OPM definitions, and the Antideficiency Act but do not provide a single authoritative 2025 federal roster or an exhaustive, up‑to‑the‑minute rulebook that determines every position across agencies; implementation details vary by agency and by specific shutdown contingencies [1] [2]. Sources note recent Administration memos and RIF planning affect outcomes, but the full legal contests or litigation outcomes that could arise from unprecedented RIF execution during a shutdown are not described in these pieces [3] [10].
8. What employees should do if they want clarity
Employees should consult their agency’s contingency plan and human resources office and follow official OPM and agency guidance for furloughs, excepted duties, and documentation of duty time; the Bipartisan Policy Center and OPM guidance are commonly cited reference points for paycheck timing and category definitions [2] [5]. Available reporting warns not to rely solely on the colloquial “essential/nonessential” language since official categories and legal rules control pay and duty status [8] [5].