On January 28, 2025, hr@opm.gov transmitted to almost all federal employees an email with the subject “Fork in the Road,” purporting to offer a “deferred resignation program. The email provides federal employees until February 6, 2025, to sign “Deferred Resignation Letter,” committing to a resignation effective September 30, 2025. We strongly urge federal employees to exercise extreme caution with respect to this communication.
- There is no guarantee that employees who “resign” will be placed on administrative leave or given any additional benefits. Critically, while the email contains vague references to alleged benefits tied to a deferred resignation, specifically that the employee will be “exempt from any “Return to Office” requirements,” the email does not include any binding guarantee of severance payments, administrative leave, or any other forms of consideration that would come with a “buyout.” The email does not guarantee exemption from any Reduction in Force, layoffs, or furloughs, nor does it provide any individualized guidance to employees.
- Any decision to resign pursuant to this letter will likely be irrevocable. OPM’s communication does not provide employees with the right to revoke their resignation. Under 5 C.F.R. § 715.202, an employee can request to withdraw a resignation before the effective date, however, an agency has discretion to decline that request to withdraw a resignation if it has a “valid reason.” OPM’s email and guidance makes clear that agencies are likely to refuse employee requests to withdraw a resignation under the “deferred resignation program.”
- The “deferred resignation program” is not offered pursuant to any established or funded regulatory mechanism. The federal government has multiple regulatory mechanisms whereby an agency can offer individual employees with severance, voluntary separation incentive payments, deferred retirement, or discontinued service retirement. This “deferred resignation program” is not being offered pursuant to any established regulatory framework, there are no funds set aside for this program, and there is no guarantee that your agency will be able to place you on administrative leave for the eight-month period. There is no precedent for this program, and its provisions are directly contrary to past OPM guidance on appropriate uses for administrative leave.
In sum, we are deeply concerned by the misleading and vague communication by OPM. Any decision to resign from the government should be made only after consulting with agency benefits personnel, human resources personnel, and appropriate experts. A “one-size-fits-all” email from OPM does not take into account individual circumstances and should not be read to provide a guarantee as to your rights and pay.