Furlough & Finances: Can a Federal Employee Work a Second Job During a Government Shutdown?

A government shutdown can cause significant financial stress for furloughed federal employees who stop receiving paychecks. This often leads to a crucial question: Can a federal employee work a second job during a government shutdown? This has been the top question InformedFED has received through our Reddit channel.

The short answer is yes, a furloughed federal employee is generally allowed to work another job, but there are critical ethics rules and restrictions that still apply. Ironically, Trump himself does not appear to be bound by these same rules and restrictions.

It's important to remember that the Trump administration sent over 154,000 federal employees home with full pay and benefits, without imposing any restrictions on their ability to take up secondary employment. They were still receiving their full pay and benefits while remaining on the employment rolls. Total cost to taxpayers were estimate at over fifteen billion dollars. The Partnership for Public Service even published this data as part of a tool called the “Federal Harms Tracker” which aims to shine a light on the “scale and impact of the Trump administration’s drastic changes to the federal government.” 

Key Rules for Outside Employment During Furlough

Even when on a temporary unpaid leave (furlough), you remain a federal employee and must abide by the Standards of Ethical Conduct for Employees of the Executive Branch (5 CFR Part 2635) and other laws. That does not restrict federal employee work in a second job however.

• No Conflict of Interest: The outside job must not conflict with your official federal duties. This is the most important consideration. For example, you cannot work for a private entity that deals directly or substantially with the matters you handle in your federal role.

• No Government Representation: You are prohibited from representing or communicating on behalf of your outside employer before any federal court or agency in connection with a matter in which the U.S. government has a direct and substantial interest (18 U.S.C. §§ 203 and 205).

• No Misuse of Position: You cannot use your official federal title, position, or government resources (like your work computer or email) to benefit your outside employer or yourself. You can, however, include your federal experience on a resume.

• Agency-Specific Rules: Some agencies have supplemental ethics rules or even require prior approval for all outside employment, even during a shutdown. This is a critical step you should check.

• Post-Furlough Disqualification: If you accept outside employment, you may be required to disqualify yourself from official federal matters involving that employer (and possibly a former employer) once the government reopens.

The Safest Side Hustles Jobs to Consider

Low-risk jobs that generally do not pose a conflict of interest and are often pursued during a furlough include:

• Retail or food service

• Rideshare or local delivery services

• Other freelance or temporary services that do not involve directly interacting with the federal government

⚠️ Your Critical Next Step: Consult Your Ethics Official

Before accepting any outside employment, even a temporary job during a shutdown, you should consult your agency's Ethics Official or Office of General Counsel. We understand your agency ethics officials are likely furloughed as well, but we need to mention it. If available, they can provide guidance specific to your position, agency regulations, and the nature of the outside work, ensuring you avoid violating federal law or ethics regulations. We believe most employees don't need to be overly concerned because many agencies don't have explicit prohibitions or approval requirements for second jobs, with the notable exception of national security and law enforcement agencies. Instead, many agencies simply rely on ethics guidance.

Conclusion

Federal employees will do what they need to do to feed and house their families. And, they should do so without reservation in our opinion.