https://en.wikipedia.org/wiki/Copyright_status_of_work_by_th...
This is actually reflected in the copyright agreements at every major journal. See, for instance, Form B at the ACS journals.
http://pubs.acs.org/page/copyright/journals/index.html
The difference is in whom the employer is. If you are employed by a university doing work on a government grant, you are not a federal employee, so the work is copyrighted.