forum

MICHEL MARTIN, HOST: Federal staff members have up until February 6 to choose whether to voluntarily leave their jobs. The U.S. Office of Personnel Management, OPM, notified workers on Tuesday that if they hand in their resignation by next Thursday - that's less than a week from now - most will be permitted to take leave and be paid up until the end of September. Michelle Bercovici is a work legal representative who represents federal staff members as a big part of her practice, so I asked her for her interpretation about what OPM's deferred resignation program would really mean.MICHELLE BERCOVICI: I in fact don't consider it so much an offer. I think it's a demand to resign with a vague promise that, possibly, you might be kept in administrative leave status for approximately 8 months - however no guarantees.MARTIN: Some people have been utilizing the term buyout to explain what this is due to the fact that there appears to be the offer of administrative leave for as much as 8 months if you take this offer. So is it a buyout?BERCOVICI: I would never explain it as a buyout. I think that's an extremely deceptive term to utilize in this situation. When you believe of a buyout, there's normally some sort of written contract or a concrete deal to supply a benefit in exchange for waiving specific rights. That is not the case here.MARTIN: If customers ask you for your advice, what are you informing them?BERCOVICI: First thing we inform them is exercise severe caution. There are no warranties consisted of in this email. The only thing I can inform you for specific is that if you alter your mind, the agency's probably not going to let you withdraw that resignation, and you are essentially quiting control over a lot.MARTIN: Exists some classification of worker who you believe this might benefit? Maybe they're close to retirement. Is somebody like that might this be an attractive offer?BERCOVICI: Folks near retirement need to be the most mindful because leaving earlier than meant can have major repercussions, possibly, on their benefits.MARTIN: employment Let me just play a clip from the White House press secretary, Karoline Leavitt. She informed press reporters that this is a bargain for people who do not wish to go back to the office. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is an idea to federal employees that they need to return in - to work. And if they don't, then they have the choice to resign, and this administration is extremely kindly using to pay them for employment eight months.MARTIN: You're shaking your head no.BERCOVICI: It just - in such a way, it breaks my heart that federal employees are being jerked around like this. It sends out a signal to me that this return-to-office order is in bad faith, that it's designed to get folks who work truly hard to resign. I think it's trying to pull the wool over a great deal of individuals's eyes since there are no warranties. And these are individuals who like their task. They like the objective of the company. They work hard. And right now, they're facing extremely hard choices, specifically if they're remote. I indicate, it's really coercive.MARTIN: You say it's coercive. Because?BERCOVICI: Essentially, if you're somebody who resides in Oregon and has been told to report to D.C. otherwise we're going to fire you, they might feel that they have no option than to take this option.MARTIN: Do you expect legal difficulties just to the offer itself? And if so, on what grounds?BERCOVICI: This deal, to be honest, is so extraordinary that I think a great deal of us are still trying to find out what to do with it. I'm not exactly sure if the offer itself might be challengeable. I believe the bigger concern is the execution of these terms. I'm not familiar with any authority that exists right now for OPM to purchase companies to give this number of individuals administrative leave. So I believe it is quite possibly setting the stage for obstacles since I feel OPM has actually greatly surpassed their authority.MARTIN: That is Michelle Bercovici. She is an employment lawyer with the Alden Law Group here in Washington, D.C. Thank you so much for joining us.BERCOVICI: Thank you so much for having me here.

Copyright © 2025 NPR. All rights booked. Visit our site regards to usage and authorizations pages at www.npr.org for further information.

NPR transcripts are developed on a rush due date by an NPR contractor. This text might not remain in its final form and may be upgraded or modified in the future. Accuracy and accessibility might differ. The authoritative record of NPR's programming is the audio record.