Deferred Resignation Program: Is it legal?

The U.S. Office of Personnel Management (OPM) recently sent out a memo describing a deferred resignation program. The program offers federal employees an eight-month transition period through September 30, 2025, during which they will not be expected to work and may look for another job. Employees who accept the deferred resignation offer will also be exempt from any reduction in force that is planned for the federal workforce. The legality of the program has been questioned, as federal rules on leave prevent that much paid leave. The OPM memo bases its justification on the argument that OPM regulations interpret the statute in a way that allows the program. However, agency regulations cannot override a statute. If Congress wanted to create an exception to the 10-day rule for situations like the deferred resignation program, they could have done so. The fact that they did not suggests that the program is not legal.

Link to latest "trust me bro, it's legal" OPM email: https://chcoc.gov/sites/default/files/OPM%20Memo%20Legality%20of%20Deferred%20Resignation%20Program%202-4-2025.pdf