MICHEL MARTIN, HOST: Federal workers have up until February 6 to choose whether to willingly 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 permitted to take leave and be paid until completion of September. Michelle Bercovici is a work lawyer who represents federal as a large part of her practice, so I asked her for her analysis about what OPM's deferred resignation program would in fact mean.MICHELLE BERCOVICI: I really don't consider it so much an offer. I think it's a request to resign with a vague promise that, potentially, you could be kept in administrative leave status for employment approximately eight months - however no guarantees.MARTIN: Some people have been utilizing the term buyout to explain what this is due to the fact that 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 believe that's a really misleading term to utilize in this scenario. When you think of a buyout, there's generally some sort of written agreement or a concrete deal to provide an advantage in exchange for waiving particular 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 exercise severe caution. There are no assurances contained in this e-mail. The only thing I can tell you for particular is that if you change your mind, the agency's probably not going to let you withdraw that resignation, and you are essentially quiting control over a lot.MARTIN: Exists some category of staff member who you think 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 meant can have major repercussions, potentially, on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She informed 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 recommendation to federal employees that they need to return in - to work. And if they do not, then they have the option to resign, and this administration is really kindly using to pay them for eight months.MARTIN: employment You're shaking your head no.BERCOVICI: It simply - in such a way, it breaks my heart that federal staff members 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 actually difficult to resign. I think it's trying to pull the wool over a lot of people's eyes due to the fact that there are no guarantees. And these are people who enjoy their job. They love the mission of the firm. They strive. And right now, they're facing really hard options, specifically if they're remote. I suggest, it's very coercive.MARTIN: You state it's coercive. Because?BERCOVICI: Essentially, if you're somebody who resides 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 option than to take this option.MARTIN: Do you anticipate legal difficulties simply to the deal itself? And if so, on what grounds?BERCOVICI: This deal, to be honest, is so unmatched that I believe a great deal of us are still attempting to determine what to do with it. I'm not exactly sure if the deal itself might be challengeable. I think the bigger concern is the execution of these terms. I'm not knowledgeable about any authority that exists today for OPM to purchase agencies to give this number of people administrative leave. So I believe it is quite perhaps setting the stage for difficulties because I feel OPM has vastly exceeded their authority.MARTIN: That is Michelle Bercovici. She is an employment lawyer with the Alden Law Group here in Washington, D.C. Thank you a lot for joining us.BERCOVICI: Thank you a lot for having me here.

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