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MICHEL MARTIN, HOST: have 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 employment in their resignation by next Thursday - that's less than a week from now - most will be enabled to take leave and be paid till completion of September. Michelle Bercovici is an employment attorney who represents federal employees as a large part of her practice, so I asked her for her analysis about what OPM's postponed resignation program would actually mean.MICHELLE BERCOVICI: I really do not consider it so much a deal. I believe it's a request to resign with an unclear promise that, possibly, you might be kept in administrative leave status for as much as 8 months - but no guarantees.MARTIN: Some people have been using the term buyout to explain what this is due to the fact that there seems to be the deal of administrative leave for approximately eight months if you take this offer. So is it a buyout?BERCOVICI: I would never explain 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 written arrangement or a concrete deal to supply an advantage in exchange for waiving certain rights. That is not the case here.MARTIN: If customers ask you for your advice, what are you informing them?BERCOVICI: First thing we inform them is exercise severe care. There are no assurances included in this e-mail. The only thing I can tell you for employment certain is that if you alter your mind, the agency'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 employee who you think 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 because leaving earlier than planned can have major repercussions, possibly, on their benefits.MARTIN: Let me simply play a clip from the White House press secretary, Karoline Leavitt. She informed reporters that this is a bargain for people who don't want to return to the office. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: This is a recommendation to federal workers that they need to return in - to work. And if they do not, then they have the choice to resign, and employment this administration is very kindly providing to pay them for 8 months.MARTIN: You're shaking your head no.BERCOVICI: employment It simply - in 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 is in bad faith, that it's developed to get folks who work actually tough to resign. I believe it's trying to pull the wool over a great deal of individuals's eyes due to the fact that there are no warranties. And these are people who like their task. They enjoy the mission of the company. They strive. And right now, they're facing extremely tough options, especially if they're remote. I indicate, it's very coercive.MARTIN: You state it's coercive. Because?BERCOVICI: employment Essentially, if you're somebody 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 option than to take this option.MARTIN: Do you anticipate legal difficulties just to the offer itself? And if so, on what grounds?BERCOVICI: This offer, to be sincere, is so unprecedented that I think a great deal of us are still attempting to figure out what to do with it. I'm unsure if the offer itself may be challengeable. I think the bigger question is the execution of these terms. I'm not familiar with any authority that exists today for employment OPM to purchase agencies to offer this number of people administrative leave. So I believe it is quite potentially setting the phase for obstacles due to the fact that I feel OPM has actually significantly 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 so much for joining us.BERCOVICI: Thank you so much for having me here.

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