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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, 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 permitted to take leave and be paid till completion of September. Michelle Bercovici is an employment lawyer who represents federal employees as a big part of her practice, employment so I asked her for her analysis about what OPM's delayed resignation program would actually mean.MICHELLE BERCOVICI: I really do not consider it a lot a deal. I think it's a demand to resign with an unclear promise that, possibly, you could be kept in administrative leave status for as much as eight months - however no guarantees.MARTIN: Some people have been using the term buyout to describe what this is since there appears to be the deal of administrative leave for up to 8 months if you take this deal. So is it a buyout?BERCOVICI: I would absolutely not describe it as a buyout. I think that's a really deceptive term to use in this situation. When you believe of a buyout, there's normally some sort of composed agreement or a concrete deal to offer a benefit in exchange for waiving certain rights. That is not the case here.MARTIN: If clients ask you for your recommendations, what are you telling them?BERCOVICI: employment First thing we inform them is workout extreme care. There are no warranties contained in this e-mail. The only thing I can tell you for certain is that if you alter your mind, the company's probably not going to let you withdraw that resignation, and you are essentially giving up control over a lot.MARTIN: Is there some classification of worker who you think this might ? Maybe they're close to retirement. Is somebody like that may this be an attractive offer?BERCOVICI: Folks near retirement require to be the most careful since leaving earlier than intended can have serious consequences, possibly, 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 great offer for individuals who do not wish to return to the office. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a recommendation 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 extremely kindly using to pay them for 8 months.MARTIN: You're shaking your head no.BERCOVICI: employment It just - 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 is in bad faith, that it's developed to get folks who work really tough to resign. I think it's attempting to pull the wool over a great deal of individuals's eyes because there are no warranties. And these are individuals who enjoy their task. They enjoy the mission of the firm. They work hard. And right now, they're facing really difficult choices, especially if they're remote. I suggest, it's extremely 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 prepare for legal obstacles simply to the deal itself? And if so, on what grounds?BERCOVICI: employment This offer, to be honest, is so unprecedented that I think a great deal of us are still attempting to determine what to do with it. I'm unsure if the deal itself might be challengeable. I think 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 give this number of people administrative leave. So I believe it is quite potentially setting the stage for difficulties due to the fact that I feel OPM has significantly exceeded 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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