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MICHEL MARTIN, HOST: Federal workers have till February 6 to decide whether to willingly leave their tasks. The U.S. Office of Personnel Management, OPM, informed 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 take leave and be paid until the end of September. Michelle Bercovici is an employment lawyer who represents federal staff members as a large part of her practice, so I asked her for her analysis about what OPM's delayed resignation program would really mean.MICHELLE BERCOVICI: I really do not consider it so much an offer. I believe it's a request to resign with an unclear guarantee that, potentially, you could be kept in administrative leave status for up to 8 months - however no guarantees.MARTIN: Some people have been utilizing the term buyout to describe what this is due to the fact that there seems to be the offer of administrative leave for up to 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 very deceptive term to use in this circumstance. When you believe of a buyout, there's normally some sort of composed arrangement or a concrete deal to offer an advantage in exchange for waiving certain rights. That is not the case here.MARTIN: If clients ask you for your recommendations, employment what are you telling them?BERCOVICI: First thing we inform them is workout severe care. There are no assurances consisted of in this e-mail. The only thing I can tell you for specific is that if you alter 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: Exists some classification of worker who you think this might benefit? Maybe they're close to retirement. Is someone like that may this be an attractive offer?BERCOVICI: Folks near retirement require to be the most mindful due to the fact that leaving earlier than planned can have serious effects, potentially, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt. She informed press reporters that this is a bargain for individuals who don't wish to return to the office. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is an idea to federal workers that they have to return in - to work. And if they don't, then they have the option to resign, and this administration is very generously providing to pay them for eight months.MARTIN: You're shaking your head no.BERCOVICI: It simply - in 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 remains in bad faith, that it's developed to get folks who work actually difficult to resign. I believe it's trying to pull the wool over a lot of people's eyes because there are no guarantees. And these are individuals who love their job. They like the objective of the firm. They work hard. And today, they're dealing with very hard options, particularly if they're remote. I indicate, it's extremely coercive.MARTIN: You say it's coercive. Because?BERCOVICI: Essentially, if you're somebody who resides 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 option than to take this option.MARTIN: Do you prepare for legal challenges simply to the deal itself? And if so, on what grounds?BERCOVICI: This offer, to be sincere, is so extraordinary that I believe a lot of us are still trying to figure out what to do with it. I'm not exactly sure if the offer itself may 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 buy agencies to offer this variety of individuals administrative leave. So I think it is really much perhaps setting the phase for difficulties because I feel OPM has actually significantly surpassed their authority.MARTIN: That is . She is a work legal representative with the Alden Law Group here in Washington, D.C. Thank you so much for joining us.BERCOVICI: Thank you so much for having me here.

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