MICHEL MARTIN, 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 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 depart and be paid till the end of September. Michelle Bercovici is an employment attorney who represents federal employees as a big part of her practice, so I asked her for her interpretation about what OPM's delayed resignation program would actually mean.MICHELLE BERCOVICI: I really don't consider it a lot a deal. I believe it's a request to resign with an unclear promise that, employment potentially, you could be kept in administrative leave status for up to 8 months - but no guarantees.MARTIN: Some people have been using the term buyout to explain what this is because there appears to be the deal of administrative leave for up to eight months if you take this deal. So is it a buyout?BERCOVICI: I would absolutely not describe it as a buyout. I believe that's a very misleading term to use in this scenario. When you consider a buyout, there's some sort of composed arrangement or a concrete offer to supply an advantage in exchange for waiving specific rights. That is not the case here.MARTIN: If customers ask you for your guidance, what are you telling them?BERCOVICI: First thing we tell them is workout severe caution. There are no warranties consisted of in this e-mail. The only thing I can tell you for specific is that if you change your mind, the agency's probably not going to let you withdraw that resignation, and you are basically giving up control over a lot.MARTIN: Is there some category of staff member who you believe this might benefit? Maybe they're close to retirement. Is somebody like that may this be an appealing offer?BERCOVICI: Folks near retirement require to be the most cautious due to the fact that leaving earlier than intended can have major 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 bargain for individuals who do not wish to go back to the office. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a tip to federal workers that they need to return in - to work. And if they don't, then they have the alternative to resign, and employment this administration is very generously providing to pay them for 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 a signal to me that this return-to-office order remains in bad faith, that it's designed to get folks who work really hard to resign. I think it's trying to pull the wool over a great deal of individuals's eyes because there are no guarantees. And these are individuals who like their job. They like the mission of the firm. They strive. And right now, they're dealing with extremely tough choices, specifically if they're remote. I suggest, 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 expect legal difficulties just to the offer itself? And if so, on what grounds?BERCOVICI: This deal, to be truthful, is so extraordinary that I think a lot of us are still attempting to determine what to do with it. I'm uncertain if the offer itself might be challengeable. I think the larger concern is the execution of these terms. I'm not familiar with any authority that exists today for OPM to order companies to give this variety of people administrative leave. So I believe it is quite perhaps setting the phase for difficulties due to the fact that I feel OPM has significantly exceeded their authority.MARTIN: That is Michelle Bercovici. She is an employment legal representative with the Alden Law Group here in Washington, D.C. Thank you a lot for signing up with us.BERCOVICI: Thank you so much for having me here.

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