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MICHEL MARTIN, HOST: Federal employees have till February 6 to choose whether to voluntarily leave their jobs. The U.S. Office of Personnel Management, OPM, notified employees on Tuesday that if they hand in their resignation by next Thursday - that's less than a week from now - most will be enabled to take leave and be paid till completion of September. Michelle Bercovici is an employment lawyer who represents federal workers as a big part of her practice, so I asked her for her analysis about what OPM's postponed resignation program would in fact mean.MICHELLE BERCOVICI: I really don't consider it a lot an offer. I believe it's a demand to resign with a vague promise that, potentially, you could be kept in administrative leave status for as much as 8 months - but no guarantees.MARTIN: Some people have actually been using the term buyout to describe what this is since there appears to be the offer of administrative leave for employment approximately 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 a very deceptive term to use in this circumstance. When you believe of a buyout, there's some sort of composed arrangement or a concrete offer to provide a benefit in exchange for waiving particular rights. That is not the case here.MARTIN: employment If clients ask you for your recommendations, what are you telling them?BERCOVICI: First thing we inform them is exercise severe care. There are no guarantees included in this email. The only thing I can tell you for particular is that if you change your mind, the firm's probably not going to let you withdraw that resignation, and you are essentially providing up control over a lot.MARTIN: Exists some category of staff member who you believe this might benefit? Maybe they're close to retirement. Is someone like that may this be an attractive offer?BERCOVICI: Folks near retirement need to be the most cautious because leaving earlier than intended can have severe consequences, potentially, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt. She told press reporters that this is a good deal for individuals who don't want to return to the workplace. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a suggestion to federal employees that they need to return in - to work. And if they do not, then they have the alternative to resign, and this administration is really generously providing to pay them for 8 months.MARTIN: You're shaking your head no.BERCOVICI: It simply - in a manner, it breaks my heart that federal workers are being jerked around like this. It sends a signal to me that this return-to-office order remains in bad faith, employment that it's created to get folks who work really difficult to resign. I think it's attempting to pull the wool over a great deal of individuals's eyes because there are no assurances. And these are individuals who like their task. They enjoy the mission of the firm. They work hard. And today, they're facing really hard choices, particularly if they're remote. I imply, it's very coercive.MARTIN: You say it's coercive. Because?BERCOVICI: Essentially, if you're someone who lives in Oregon and has been informed 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 anticipate legal challenges just to the deal itself? And employment if so, employment on what grounds?BERCOVICI: employment This deal, to be honest, employment is so unprecedented that I think a great deal of us are still attempting to find out what to do with it. I'm not sure if the offer itself may be challengeable. I believe the larger question is the execution of these terms. I'm not familiar with any authority that exists right now for OPM to buy companies to provide this variety of people administrative leave. So I believe it is really much potentially setting the phase for difficulties because I feel OPM has 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 a lot for having me here.

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