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MICHEL MARTIN, HOST: Federal staff members have until February 6 to decide whether to voluntarily leave their jobs. The U.S. Office of Personnel Management, OPM, informed employees 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 completion of September. Michelle Bercovici is an employment legal representative who represents federal employees as a big part of her practice, so I asked her for her analysis about what OPM's deferred resignation program would actually mean.MICHELLE BERCOVICI: I really don't consider it a lot a deal. I think it's a request to resign with an unclear pledge that, job possibly, you could be kept in leave status for up to 8 months - but no guarantees.MARTIN: Some individuals have actually been utilizing the term buyout to explain what this is since there appears to be the deal of administrative leave for as much as 8 months if you take this deal. So is it a buyout?BERCOVICI: I would never describe it as a buyout. I think that's a really deceptive term to utilize in this situation. When you think about a buyout, job there's normally some sort of written contract or a concrete offer to provide an advantage in exchange for waiving certain rights. That is not the case here.MARTIN: If customers ask you for your suggestions, what are you telling them?BERCOVICI: First thing we inform them is workout extreme caution. There are no warranties contained in this e-mail. The only thing I can inform you for certain is that if you alter your mind, the agency's probably not going to let you withdraw that resignation, job and you are basically quiting control over a lot.MARTIN: Exists some classification of worker who you think this might benefit? Maybe they're close to retirement. Is someone like that might this be an attractive offer?BERCOVICI: Folks near retirement require to be the most careful because leaving earlier than planned can have serious effects, potentially, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She told reporters that this is a bargain for people who do not wish to go back to the office. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is an idea to federal workers that they have to return in - to work. And if they don't, then they have the choice to resign, and this administration is really generously using to pay them for eight months.MARTIN: You're shaking your head no.BERCOVICI: It just - in a way, it breaks my heart that federal workers 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 developed to get folks who work actually difficult to resign. I believe it's attempting to pull the wool over a great deal of individuals's eyes since there are no guarantees. And these are individuals who enjoy their job. They love the mission of the company. They strive. And right now, they're dealing with extremely hard choices, specifically if they're remote. I imply, it's really coercive.MARTIN: You state it's coercive. Because?BERCOVICI: Essentially, if you're somebody who lives in Oregon and has been told to report to D.C. or else we're going to fire you, they might feel that they have no choice than to take this option.MARTIN: Do you prepare for legal challenges simply to the deal itself? And if so, on what grounds?BERCOVICI: This deal, to be honest, job is so extraordinary that I think a lot of us are still attempting to figure out what to do with it. I'm not exactly sure if the deal itself may be challengeable. I think the bigger question is the execution of these terms. I'm not familiar with any authority that exists right now for OPM to purchase agencies to provide this variety of people administrative leave. So I think it is extremely much potentially setting the phase for challenges due to the fact that I feel OPM has vastly surpassed their authority.MARTIN: That is Michelle Bercovici. She is an employment attorney with the Alden Law Group here in Washington, D.C. Thank you so much for signing up with us.BERCOVICI: Thank you a lot for having me here.

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