CMS recalls nearly 3,000 employees to manage open enrollment amid shutdown
CMS is temporarily calling back all furloughed employees during the Medicare and Health Insurance Marketplace open enrollment seasons.
October 23, 2025 11:51 am
3 min read
The Centers for Medicare & Medicaid Services is temporarily bringing furloughed employees back to work to help individuals sign up for health insurance plans during the open enrollment period.
CMS told employees in an email obtained by Federal News Network that it is bringing back its furloughed employees, starting Monday, Oct. 27.
The agency said it will repurpose some of its funding to ensure furloughed and excepted employees are paid on time for days worked during the open enrollment period.
CMS said all these employees “will be paid for the days you work” or take approved leave, beginning on Oct. 27. Employees working these days will receive a partial paycheck on Nov. 7.
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Many federal employees received a partial paycheck earlier this month, and are on track to miss their first full paycheck this week.
A CMS spokesperson told Federal News Network that the agency is temporarily calling back all furloughed employees, “in order to best serve the American people amid the Medicare and Marketplace open enrollment seasons.”
Medicare’s open enrollment period began Oct. 15, and runs through Dec. 7. Open enrollment for plans in the Health Insurance Marketplace created under the Affordable Care Act, begins Nov. 1 and ends Jan. 15.
Congressional Democrats have rejected a continuing resolution to end the shutdown until lawmakers address expiring subsidies for health care plans offered under the Affordable Care Act marketplaces. The shutdown is now the second-longest lapse in congressional appropriations.
“CMS will continue to abide by rules governing the Democrat-led government shutdown,” the spokesperson said.
Nearly half of the CMS workforce, about 3,000 CMS employees, have been furloughed, according to the agency’s latest contingency plans. Most CMS employees working during the shutdown are exempt, meaning they continue to get paid on time. Only 3% of the CMS workforce is excepted.
CMS told employees that “you will work on all of your usual CMS duties and responsibilities.” During the shutdown, however, some activities — including external communications, awarding new contracts and official travel — will continue to be paused or limited.
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CMS, in coordination with the Department of Health and Human Services and the White House, is using research data-sharing user fees to cover the expense of expanding day-to-day operations during the shutdown.
“While the shutdown continues, you won’t get back pay for the days you were previously furloughed. Details on back pay will be available after the shutdown ends,” CMS wrote.
All furloughed and excepted federal employees have always received back pay once a shutdown ends. During his first term, President Donald Trump signed a bill into law that guaranteed back pay.
The Office of Management and Budget, however, has circulated a memo outlining a different legal opinion. OMB’s memo states lawmakers would have to pass legislation to ensure federal employees receive back pay.
CMS says previously scheduled and approved leave “will remain in place,” and that employees who need to request new leave can continue to do so.
Other agencies have been less permissive of employees taking leave during the government shutdown.
Federal News Network reported that the IRS recently told its exempt employees that they would be furloughed if they took more than eight hours of leave per two-week pay period.
The employees said they were furloughed, even though their leave was approved months ago, long before the government shutdown. In some cases, employees were told to come back from paid paternal leave, or risk furlough.
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