The federal government’s recently announced Deferred Resignation Program offers federal employees the opportunity to resign while continuing to receive their salary and benefits until September 30, 2025. This unprecedented deferred resignation initiative aims to reshape the federal workforce by encouraging voluntary resignations before potential restructuring, reclassifications, or terminations.

If you’re a federal employee considering whether to take this deferred resignation , it’s crucial to fully understand the legal, financial, and career implications before making a decision. Below, we break down the program in simple terms, highlight potential risks, and explore alternative options.

Step-by-Step Breakdown of the Deferred Resignation Program

  1. What Is the Deferred Resignation Offer?

The Deferred Resignation Program allows eligible federal employees to resign from their positions while continuing to receive full salary and benefits for up to eight months—until September 30, 2025. Employees who accept this offer will be exempt from return-to-office requirements and may be placed on paid administrative leave while their agency reorganizes.

📌 Key Takeaways:

  • You will continue receiving your full pay and benefits (including retirement accruals) until your resignation date.
  • You will not be required to report to the office under return-to-work policies.
  • Your position may be reassigned or eliminated before your resignation takes effect.
  • If you qualify for early or normal retirement, you can elect to retire instead of resigning.
  1. Who Is Eligible?

The deferred resignation  is available to all full-time federal employees, except for:

  • Military personnel of the armed forces.
  • U.S. Postal Service employees.
  • Employees in national security and immigration enforcement positions.
  • Employees in positions specifically excluded by their agency.
  1. How to Accept the Offer

To resign under this program, you must submit your resignation by February 6, 2025 following these steps:

1️⃣ Send an email to hr@opm.gov from your government (.gov or .mil) account.
2️⃣ Type “Resign” in the subject line and send the email.
3️⃣ You will receive a confirmation email within 72 hours.

⏳ Deadline: February 6, 2025.

What You Need to Consider Before Accepting the Deferred Resignation 

While this offer may seem attractive—especially for those close to retirement or seeking a career change—there are serious risks and uncertainties that could impact your long-term career, finances, and legal rights. Here’s what you should consider:

  1. Is This Truly Voluntary?

While the memo states that acceptance is voluntary, the broader policy changes—including agency restructuring and stricter conduct standards—could pressure employees to resign. If you feel coerced into resigning, you may have legal options.

  1. Will You Be Able to Rescind Your Resignation?

The memo states that employees can request to rescind their resignation after submitting it, but it also makes clear that agencies are not required to approve these requests. If your position is eliminated, reassigned, or if you are placed on leave, your request may be denied.

📌 Bottom Line: Once you resign, you may not be able to take it back.

  1. How Does This Affect Your Retirement Benefits?
  • You will continue to accrue retirement benefits while on deferred resignation.
  • If you become eligible for early or normal retirement before September 30, 2025, you can elect to retire instead of resigning.
  • However, if you are just shy of retirement eligibility, there is no guarantee that you will be given an extension to reach it.

💡 Tip: Speak with a retirement benefits expert before deciding.

  1. Can You Work Another Job While on Deferred Resignation?

Yes, you can accept another job while remaining on deferred resignation. However, your agency may impose restrictions, especially if your new position involves work related to your federal job. Check with HR about ethics and conflict-of-interest rules.

  1. What Happens If You Do Nothing?
  • If you do not accept the deferred resignation, nothing happens immediately.
  • However, the memo makes clear that downsizing and restructuring are coming. This could mean:
    • Job eliminations through a Reduction in Force (RIF).
    • Reclassification of roles to at-will employment (removing certain job protections).
    • Stricter performance and conduct standards that could lead to terminations.

📌 Key Concern: If you choose to stay, you could face future job uncertainty, reclassification, or termination without a deferred resignation.

Legal Gray Areas & Risks

The memo contains several ambiguous provisions that could create legal challenges. Here are the most concerning issues:

  1. “Enhanced Standards of Conduct” – A Tool for Political Purging?

The memo states that federal employees will be held to enhanced suitability and conduct standards. It is unclear what these new standards entail, but they could be used to justify:

  • Targeted removals based on political affiliation or policy disagreements.
  • Increased disciplinary actions for vague infractions.
  • Erosion of due process protections for career civil servants.

💡 Tip: If you are concerned about politically motivated removals, consult a federal employment attorney to understand your rights.

  1. Future Hiring Freezes or Blacklisting?

Although the memo states that resigning will not prevent you from reapplying to federal jobs in the future, hiring freezes or unofficial blacklisting could make it difficult to return.

📌 Key Concern: If you resign, will you be able to work for the federal government again? There’s no clear answer.

  1. What Happens If You Are Placed on Leave?

Many employees who accept the resignation offer may be placed on paid administrative leave until their resignation date. This raises questions:

  • Can you be reassigned to a less desirable role?
  • Could your responsibilities be reduced to justify removing you sooner?
  • Will you still have access to critical employment benefits, such as legal protections and federal retirement programs?

Alternatives to Resigning

If you’re unsure about resigning, consider these options:

✅ Request Exemptions or Accommodations

  • Some employees may be able to negotiate exemptions from new policies (e.g., return-to-office mandates).
  • Employees close to retirement may seek an extension to reach full benefits.

✅ Monitor Future Legal Challenges

  • The rapid rollout of these workforce changes could violate existing federal employment laws.
  • Lawsuits from employee unions or advocacy groups could challenge aspects of the policy, including reclassification and removals.

✅ Explore Whistleblower Protections

  • If you suspect that these policies are being improperly used for political or retaliatory purposes, you may have whistleblower protections.
  • Document any unlawful pressure, coercion, or misconduct before making a decision.

Final Thoughts: Should You Take the Deferred Resignation?

The Deferred Resignation Program presents both an opportunity and a high-stakes decision for federal employees. While resigning may offer financial security in the short term, it could limit future career opportunities and waive certain employment protections.

💡 Before you decide, ask yourself:
❓ Do I fully understand the impact on my retirement and benefits?
❓ Am I resigning voluntarily, or do I feel pressured?
❓ Do I want to take advantage of the deferred resignation now, or wait to see if layoffs and lawsuits change the situation?

📢 Need Legal Guidance?
Book a one-hour strategy session with our expert attorneys for $750 to explore your options and the legal implications of resigning or staying.

📞 Call us today: 202-600-4996
💻 Schedule a Strategy Session Online: Book Now

Don’t make a rushed decision—know your rights and protect your future.