MICHEL MARTIN, HOST: Federal staff members have 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 employment in their resignation by next Thursday - that's less than a week from now - most will be enabled to take leave and employment be paid till the end of September. Michelle Bercovici is a work legal representative who represents federal staff members as a big part of her practice, so I asked her for her interpretation about what OPM's delayed resignation program would really mean.MICHELLE BERCOVICI: I really do not consider it a lot a deal. I believe it's a request to resign with a vague guarantee that, potentially, you could be kept in administrative leave status for approximately 8 months - however no guarantees.MARTIN: Some individuals have been utilizing the term buyout to describe what this is because there seems to be the offer of administrative leave for approximately eight months if you take this deal. So is it a buyout?BERCOVICI: I would never explain it as a buyout. I believe that's an extremely deceptive term to use in this circumstance. When you consider a buyout, there's some sort of composed arrangement or a concrete offer to offer a benefit in exchange for waiving specific rights. That is not the case here.MARTIN: If clients ask you for your guidance, what are you informing them?BERCOVICI: First thing we inform them is workout extreme care. There are no assurances contained in this email. The only thing I can inform you for certain is that if you change your mind, the company's most likely not going to let you withdraw that resignation, and you are basically offering up control over a lot.MARTIN: Exists 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 need to be the most cautious due to the fact that leaving earlier than meant can have major effects, 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 bargain for people who don't want to return to the workplace. Let me just 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 option to resign, and this administration is really kindly providing to pay them for eight months.MARTIN: You're shaking your head no.BERCOVICI: It simply - in such a way, it breaks my heart that federal workers 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 really hard to resign. I believe it's attempting to pull the wool over a lot of people's eyes due to the fact that there are no guarantees. And these are individuals who like their job. They love the mission of the company. They work hard. And today, they're dealing with very hard options, specifically if they're remote. I indicate, it's extremely coercive.MARTIN: You state it's coercive. Because?BERCOVICI: employment Essentially, if you're someone 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 choice than to take this option.MARTIN: Do you prepare for legal difficulties just to the deal itself? And if so, employment on what grounds?BERCOVICI: This deal, to be truthful, is so extraordinary that I believe a lot of us are still trying to determine what to do with it. I'm not exactly sure if the deal itself might be challengeable. I believe the larger concern is the execution of these terms. I'm not familiar with any authority that exists right now for OPM to buy companies to provide this variety of individuals administrative leave. So I believe it is quite possibly setting the stage for difficulties because I feel OPM has actually greatly surpassed 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 a lot for having me here.
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