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On January 28, 2025, OPM issued an email to federal civil service employees offering an opportunity to elect a Deferred Resignation. Under the terms of the email announcement, federal employees have until February 6, 2025 to accept a Deferred Resignation. The email announcement states that if a federal employee accepts a Deferred Resignation, the employee may be placed on administrative leave, and the resignation will take effect on September 30, 2025.

On February 3, 2025, federal agencies sent out a written agreement to federal civil service employees regarding the Deferred Resignation offer. The agencies indicated that this agreement would “formalize” the arrangement between the government and any employee who elected to accept the Deferred Resignation offer.

The decision of federal employees about whether to accept a Deferred Resignation is a very personal matter. However, there are some considerations and risks that we recommend you take into account in deciding whether to accept a Deferred Resignation:

1. The terms offered in the Deferred Resignation offer are not necessarily binding on the federal government. That is, if a federal agency does not honor its “promise” from the email announcement (for example, if the government stops paying an employee who accepted the Deferred Resignation offer), it is uncertain whether there is a way to enforce the terms in a court of law. The draft agreement states that the Deferred Resignation agreement could be rescinded by the agency.
2. The terms of the Deferred Resignation offer do not state that a federal employee who accepted a Deferred Resignation will not be subject to termination or a Reduction in Force (RIF or layoff) prior to September 30, 2025. The terms of the offer provide no explicit protection from a federal employee’s position being subject to elimination during the Deferred Resignation time period.
3. The draft agreement regarding the Deferred Resignation offer requires the employee to waive all claims that might be brought against the government or “based on, arising from, or related to the employee’s employment at the agency or the deferred resignation offer.” 
4. The Deferred Resignation offer was not approved by Congress. The money that would presumably be used to pay employees who accept a Deferred Resignation would come from funds that were appropriated by Congress for other federal agency activities. This may trigger legal disputes or payment complications associated with the Deferred Resignation offer.
5. We have heard from some federal employees that they feel that they will be terminated or laid off anyway, so they feel pressured to accept the Deferred Resignation. While we understand the threats posed by the Trump Administration to the federal civil service and federal employees, please understand that there have not yet been any widespread actions to lay off federal employees. Those efforts may come, and the efforts may withstand the legal challenges being filed by our law firm and others. But we encourage you to be considerate and careful in thinking through any significant decision, such as whether to resign from your federal position.
6. Accepting the Deferred Resignation may impact your ability to receive Unemployment benefits at the end of your employment. Decisions on eligibility for Unemployment benefits varies from state to state. In many circumstances, a resignation may disqualify an individual from receiving Unemployment benefits. We recommend reviewing the state Unemployment benefits eligibility rules and Unemployment benefit limits as part of a consideration of the Deferred Resignation.
7. An agreement to accept the Deferred Resignation may be binding on a federal employee. If an employee accepts the Deferred Resignation and then seeks to rescind the resignation, it would be up to the employee’s agency (possibly with involvement from OPM) to accept or reject the attempt to rescind the resignation. Federal agencies may not agree to allow an employee to rescind a resignation once the resignation has been submitted.

The decision about whether to accept or reject the offer of Deferred Resignation is a serious and personal matter. Your decision should be based on what you feel is best for you, your life, and your career. We hope the general considerations and possible risks noted above can help you think through your options and your personal decision.

For more information about your legal rights as a federal employee, please contact the attorneys of Kator, Parks, Weiser & Wright.  If you accept the Deferred Resignation and, in the future, face issues with the Deferred Resignation, please contact our firm to discuss your specific concerns.

The Senior Executive Service was created in 1978 to serve as a link between the politically appointed heads of agencies and the career federal employees within the agencies. OPM developed executive core qualifications used to analyze SES officials and candidates.

President Trump’s 2025 “Restoring Accountability for Career Senior Executives” memorandum seeks to dramatically alter the Senior Executive Service. The memorandum directs OPM to issue new government-wide SES Performance Plans, and orders that federal agencies terminate and replace their Executive Resources Boards and Performance Review Boards.

Federal law provides rights to SES officials who are proposed to be removed from the SES or removed from federal employment:

• Prior to a removal or termination from government service, a non-probationary SES official has the right to prior notice and an opportunity to respond before the removal becomes effective.
• For proposals to remove an SES employee from the SES and to be placed in a different civil service position, the SES employee can request an informal hearing.
• An SES official has the right to have attorney representation during the disciplinary process.
• Employees who are removed from the SES position for reasons other than misconduct, neglect of duty, or malfeasance regularly have the right to return to a civil service position.
• A decision to remove or suspend an employee from the SES may be appealable to the MSPB.

For more information about your legal rights as a member of the SES, please contact the attorneys of Kator, Parks, Weiser & Wright.

Over the past 15 years, the Federal Government has prioritized flexibility in telework and remote work arrangements with its employees, including by passing the Telework Enhancement Act of 2010. Many employees are eligible for and take advantage of partial or full telework or remote work through their Agencies’ policies and procedures. However, with President Trump’s 2025 “Return to Work In-Person” memorandum, Federal employees should expect to see a reduction in the availability of telework and remote work.  While Federal Agencies are required to have policies and procedures outline eligibility for telework, these policies are subject to change.

Federal employees are generally not entitled to telework or to work remotely unless they are covered by a Collective Bargaining Agreement that provides for telework or remote work.

However, if you are disabled and need telework or remote work in order to perform the essential functions of your position, you may be entitled to a reasonable accommodation of telework under the Rehabilitation Act. If you have questions about requesting a reasonable accommodation of telework, our attorneys may be able to assist you.

If you already have telework or remote work as a reasonable accommodation for your disability, you should still be entitled to that accommodation. An Agency may in some circumstances be able to ask for you to re-certify your need for an accommodation but should not harass you about your accommodation or medical documentation.  If you have issues with your existing accommodation of telework or remote work, contact our attorneys to discuss your rights.

Further, Agencies cannot apply any return-to-work policies in a discriminatory manner, nor can they use these policies to retaliate against employees who have engaged in protected EEO activity. Federal law prohibits discrimination on the basis of sex (including pregnancy, childbirth, and related conditions, sexual orientation, and gender identity), color, religion, sex, national origin, age, disability, marital status, and political affiliation. If you believe that your telework or remote work agreement was rescinded for a discriminatory or retaliatory reason, contact our team to discuss your situation.  

If cancellation of your remote work agreement requires the Agency to change your duty station, the Agency may be required to pay relocation expenses or adjust your salary based on that change of duty station. Our attorneys may be able to assist you with determining whether you qualify for such benefits.

Changes are coming to the Federal sector regarding telework and remote work. Our team is here to help you navigate these changes and protect your rights as a Federal Employee.

Click here to contact the attorneys of Kator Parks Weiser & Wright.