MICHEL MARTIN, job HOST: Federal workers have up until February 6 to choose whether to voluntarily leave their tasks. 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 the end of September. Michelle Bercovici is an employment attorney 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 really mean.MICHELLE BERCOVICI: job I in fact don't consider it a lot a deal. I think it's a demand to resign with an unclear pledge that, potentially, you might be kept in administrative leave status for job up to 8 months - but no guarantees.MARTIN: Some individuals have actually been utilizing the term buyout to explain what this is because there seems to be the offer of administrative leave for approximately 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 misleading term to utilize in this scenario. When you think of a buyout, job there's usually some sort of written agreement or a concrete deal to provide an advantage in exchange for waiving certain rights. That is not the case here.MARTIN: If clients ask you for your advice, what are you telling them?BERCOVICI: First thing we inform them is exercise severe caution. There are no guarantees consisted of in this e-mail. The only thing I can tell you for specific is that if you alter your mind, the company's probably not going to let you withdraw that resignation, and you are basically quiting control over a lot.MARTIN: job Exists some category of staff member who you think this might benefit? Maybe they're close to retirement. Is someone like that may this be an appealing offer?BERCOVICI: Folks near retirement require to be the most mindful because leaving earlier than meant can have major consequences, possibly, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She told press reporters that this is a bargain for individuals who don't desire to go back to the workplace. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a recommendation to federal workers that they need to return in - to work. And if they don't, then they have the alternative to resign, and this administration is extremely kindly providing to pay them for eight months.MARTIN: You're shaking your head no.BERCOVICI: It simply - in a manner, 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 created to get folks who work truly hard to resign. I think it's trying to pull the wool over a great deal of people's eyes due to the fact that there are no warranties. And these are individuals who enjoy their job. They enjoy the mission of the company. They strive. And right now, they're dealing with extremely hard choices, especially if they're remote. I imply, it's extremely coercive.MARTIN: You say it's coercive. Because?BERCOVICI: Essentially, if you're somebody who in Oregon and has been informed to report to D.C. otherwise we're going to fire you, they might feel that they have no choice than to take this option.MARTIN: Do you anticipate legal difficulties simply to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be truthful, is so unmatched that I think a great deal of us are still trying to determine what to do with it. I'm uncertain if the deal itself might be challengeable. I believe the larger question is the execution of these terms. I'm not knowledgeable about any authority that exists right now for OPM to order companies to provide this number of individuals administrative leave. So I believe it is quite perhaps setting the stage for challenges because I feel OPM has greatly 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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