OPM Tries to Clarify Deferred Resignations for Federal Employees

The Trump Administration issued guidance clarifying its “Fork in the Road” email, which gave federal employees the opportunity to take a deferred resignation, with full pay until September 30. 

The Office of Personnel Management (OPM) guidance notes that “employees who accept deferred resignation should promptly have their duties re-assigned or eliminated and be placed on paid administrative leave until the end of the deferred resignation period (generally, September 30, 2025, unless the employee has elected another earlier resignation date), unless the agency head determines that it is necessary for the employee to be actively engaged in transitioning job duties.”

Agencies are also asked to email OPM every week on the number of agency employees who are leaving as part of the program, the number of agency employees who are part of the program placed on administrative leave, roles excluded from the program, the number of agency employees who have applied for early and normal retirement, and other workforce items. 

The guidance also includes FAQs on the resignation process including whether employees can accept deferred resignation beyond the February 6 deadline (generally no with some exceptions), whether an employee can rescind a resignation (agencies will review), how it impacts employees who were planning retirement (review on case-by-case basis), and whether employees on leave can work elsewhere while still being paid (generally yes according to OPM).  

In addition, OPM is offering early retirement along with the deferred resignation as it expands the Voluntary Early Retirement Authority (VERA). 

“If your full retirement eligibility data falls within the 2025 calendar year, the agency may extend your deferred resignation period to the date of your full retirement eligibility,” wrote OPM Acting Director Charles Ezell. 

Confusion at Agencies

Naturally, there is confusion among agencies and among federal workers, especially about which workers are exempt from the OPM offer, and whether the offer can be trusted at all. 

According to Federal News Network, some agencies told workers who accepted the deferred resignation offer that they must keep working regardless of what they have been told by OPM, because their positions are excluded for national security, immigration, or other reasons.

For instance, acting head of U.S. Citizenship and Immigration Services (USCIS) told employees they are exempt from the deferred resignation officer.

“Today, we are informed at DHS headquarters that USCIS exempt from this program, consistent with guidance from the OPM, and it has a link for that,” Acting USCIS Director Jennifer B. Higgins wrote in an email, obtained by Federal News Network. “As such, USCIS employees, like several other DHS components, are not eligible to participate in the program.”

A late email to employees on February 3 which included a 3-page sample deferred resignation agreement further added to the confusion across government. The agreement makes clear that agency heads can rescind the offer and the action is unreviewable by the Merit Systems Protection Board (MSPB). Further, employees who sign the agreement would waive any rights to judicial, administrative, or other legal process.

Groups Urge Employees Not to Accept Offer

Meanwhile federal employee groups and Congressional Democrats are warning federal workers to take caution while considering the deferred resignation offer, as they worry about legal loopholes the administration could use to exploit the offer and cut employee pay or benefits. Groups like Protect Democracy have compiled analysis and resources for feds weighing their options.

“While the OPM email suggest that employees will maintain their compensation and benefits until the effective date of their resignation date, it does not explicitly state that employees are shielded from layoffs or other adverse actions before Sept. 30, 2025. There is no guarantee that employees opting into the program will not be targeted for such actions,” wrote the American Federation of Government Employees (AFGE) in an email to members. On February 3 AFGE updated information for members.

“The resignation offer sets the stage for an unparalleled crisis in our government’s ability to deliver for the American people,” wrote the Democratic members of the House Committee on Oversight and Government Reform, led by Ranking Member Rep. Gerry Connolly, in a letter to President Trump demanding information on the program.