MICHEL MARTIN, HOST: Federal employees have up until February 6 to choose whether to voluntarily 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 allowed to take leave and be paid until completion of September. Michelle Bercovici is an employment attorney who represents federal workers as a large part of her practice, so I asked her for her analysis about what OPM's delayed resignation program would actually mean.MICHELLE BERCOVICI: I in fact do not consider it a lot a deal. I believe it's a request to resign with an unclear promise that, possibly, you could be kept in administrative leave status for as much as 8 months - however no guarantees.MARTIN: Some individuals have actually been using the term buyout to describe what this is because there appears to be the deal of administrative leave for approximately 8 months if you take this deal. So is it a buyout?BERCOVICI: I would never explain it as a buyout. I believe that's a very misleading term to utilize in this scenario. When you consider a buyout, there's typically some sort of written agreement 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 recommendations, what are you telling them?BERCOVICI: First thing we inform them is workout extreme care. There are no assurances contained in this e-mail. The only thing I can inform you for specific 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: Is there some classification of worker who you believe this might benefit? Maybe they're close to retirement. Is somebody like that might this be an attractive offer?BERCOVICI: Folks near retirement require to be the most mindful since leaving earlier than intended can have severe repercussions, 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 good deal for people who don't wish to return to the office. Let me just play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a suggestion to federal workers that they have to return in - to work. And if they do not, then they have the choice to resign, and this administration is very kindly offering to pay them for 8 months.MARTIN: 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 truly hard to resign. I believe it's attempting to pull the wool over a lot of individuals's eyes since there are no warranties. And these are individuals who love their job. They love the mission of the company. They strive. And right now, they're facing extremely difficult options, particularly if they're remote. I indicate, it's really 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. or else 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 difficulties simply to the offer itself? And if so, employment on what grounds?BERCOVICI: This deal, to be sincere, is so that I believe a great deal of us are still trying to determine what to do with it. I'm uncertain if the deal itself may be challengeable. I think the larger concern is the execution of these terms. I'm not familiar with any authority that exists right now for OPM to order agencies to give this variety of people administrative leave. So I think it is quite perhaps setting the stage for obstacles since I feel OPM has actually significantly 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 a lot for signing up with us.BERCOVICI: Thank you a lot for having me here.

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