It has been a week since almost the 2.3 million civilian employees of the federal government received an offer: agreeing to resign from your work by February 6 and to keep your salary and your benefits until September.
Now, with the deadline to accept the approaching offer, federal agencies have sent new conditions and conditions in the form of an example of contract contract that employees are informed that they can use to “commemorate” the agreement. We do not know who of the government would sign the agreements, or if the contracts would be legally binding.
Adding to the confusion, part of the language sample of the contract The first emailWho has come from the American Office for Staff Management (OPM) with the object line “Fork on the road” and other advice presented to date.
Employees who conclude the agreement should operate until February 28
For example, some of the contract samples have been sent that employees who accept the offer of “fork” agree to work until February 28, to ensure a smooth transition of tasks and will be put on administrative leave paid at most late March 1 on March 1.
This is the first mention of these dates related to the “Fork” offer.
The initial email did not specify that the employees who resign would necessarily be put on administrative leave. A FAQ subsequently published on the OPM website And shared by the agencies asks the question: “Am I supposed to work in my job of the government during the period of deferred resignation?” The answer provided is simply “no.”
Even the service notes sent with the examples of contract contracts summarize the delayed resignation offer as allowing eligible employees “to maintain their salary and the benefits until September 30, 2025, without any expectation of staff”.
Recognition that agencies have no guaranteed funding in March in March
In a major gap compared to the shared language earlier, the example of a contract contract which was published Monday to the employees of the Environmental Protection Agency includes a language which seems to recognize that federal agencies have no guaranteed funding On March 14 in March, when the last budget agreement of the Congress expires.
“Subject to the availability of appropriations, employees will remain on paid administrative leave until and including September 30, 2025, or a previous date to which the employee can choose to resign or otherwise separated from the federal service,” said the ‘Example of the language of the contract.
Lawyers, federal employees’ unions, members of the congress and others have warned federal employees that the promise of salary and the benefits beyond March 14 is not guaranteed.
“It is important that you know that, at the moment, the federal government is only funded until March 14, 2025,” wrote Washington Senator Patty Murray, the best democrat of the Senate credit committee, in a e-mail. “At this point, there is No The funding allocated to agencies to pay the staff for this offer. “”
Additional warnings added to the agreement
Another added warning in the example of contract agreements addresses the question of whether employees who accept deferred resignation can take another job before September 30.
The OPM FAQ said to employees: “Absolutely! We encourage you to find a job in the private sector as soon as you want to do so. Productivity jobs in the private sector.”
A new language clearly indicates that employees must respect the rules of ethics, which, in certain agencies, require prior approval for external employment.
In another section, employees are invited to recognize that “this Agreement cannot be canceled, except at the mere discretion of (agency chief), which will not be subject to the examination at the Merit Systems Protection Board or other”. The language indicates that federal agencies could cancel the agreement and that employees would not have the possibility of calling.
The Merit Systems Protection Board is an independent and almost judicial agency which hears calls from federal workers on issues involving federal employment rules.
The example of a contractual contract also asks employees to give up their right to “continue through any legal, administrative or other processes, any action against (agency) based on, resulting or linked to the employment of the employee to (agency) or to the agency offer to resign “- and to give up in a similar way to any complaint which could be submitted in their name by a union or another entity.
The general prosecutors warn against the “misleading” offer
On Monday, the prosecutors General Democrats of a dozen states, including New York, Michigan, Arizona and California, published a declaration calling for “deceptive” deferred resignation.
“The so-called buyout offers from President Trump are nothing more than the last attack on federal workers and the services they provide. These supposed offers are not guaranteed,” wrote the prosecutor general of New York Letitia James in a press release. “Federal employees should be careful and follow the advice of their unions to protect their rights.”
The Trump administration postponed some of the criticisms, arguing on Monday that union leaders and their lawyers provide poor service to their members.
“This is a rare and generous opportunity – an opportunity that has been carefully verified and intentionally designed to support employees through restructuring,” said McLaurine Pinover, spokesperson for the OPM. “Instead of spreading disinformation and using workers as political pawns, they should ensure that federal employees have the facts and the freedom to make the best decision for themselves and their families.”