A few years back, there was a sitcom on TV called “The Good Place” that followed four wayward souls into the afterlife, where they quickly learned that, unlike during their time on Earth, they were completely incapable of swearing. So, one particular word beginning with “f” would come out instead as “fork” or “forking.” I couldn’t help but think of that word usage when I saw the Subject Line of the recent e-mail sent to federal employees by OPM offering a “deferred resignation.”
The e-mail at issue came from the seemingly newly-created e-mail address of hr@opm.gov, and was titled “Fork in the Road.” It’s a vague e-mail address, and a vague Subject Line, and, unfortunately, the contents of the email were likewise quite vague in covering topics that one might hope would be much clearer if actually considering accepting this deferred resignation offer. For instance, it is unclear whether employees accepting the deferred resignation would still be required to perform work in a duty status during the period prior to the effective date of their resignation. While the Frequently Asked Questions section of OPM’s website regarding the “Fork” indicates that employees would, mostly, not be expected to work during the period following acceptance of the deferred resignation and prior to their effective resignation date, the actual terms of the deferred resignation e-mail are very unclear on this question. If not having to perform work during the deferred resignation timeframe was actually part of what is being offered to employees, it would have been simple for OPM to have included a guarantee that employees accepting the deferred resignation would be placed in a paid, nonduty status until their effective resignation date. What OPM says instead of this is that employees accepting the deferred resignation “will retain all pay and benefits regardless of your daily workload,” indicating that employees may or may not be assigned work during the deferred resignation period.
The only somewhat clear guarantees of accepting the deferred resignation are that employees will be separated from their federal employment on or before September 30, 2025, and that, during the time prior to their separation, employees accepting the deferred resignation “will be exempted from all applicable in-person work requirements.”
Whether to accept the deferred resignation or not comes down to a personal question for federal employees, based on your own financial, personal, and commuting situations. Federal employees who are unable to physically report to the workplace due to a medical disability have long had the right to request telework/remote work and/or an alternate duty station as a reasonable accommodation for their disability. By law, your employing agency must reasonably accommodate the known physical or mental limitations of an otherwise qualified employee with a disability unless the agency can show the accommodation would impose an undue hardship on its operations. That law has not gone away. Therefore, if you do not accept the deferred resignation, but you require telework/remote work as a reasonable accommodation for a medical condition, you still very much retain the right to request continued telework/remote work as a reasonable accommodation.
Ultimately, federal employees must make the choice of what is best for them at this forking time. However, the vagueness of the deferred resignation offer leaves much to be desired. If you are considering accepting the offer, we would encourage you, before making your decision, to read the language of the offer very carefully, consider the many different scenarios you could be placed in with regards to whether and to what extent you would still be required to work during the deferred resignation period, consider what your potential alternate income options would be following your effective resignation date, and make sure your decision as to whether to accept the deferred resignation is a final one that you will not regret.
Each and every individual case is different, and the contents of these blog posts are not to be considered legal advice. If you would like to discuss your particular federal employment issue in more detail with one of our attorneys, please call our office at 757-460-3477 to schedule a consultation.