UPDATE: OPM is no longer accepting resignations under the Deferred Resignation Program. Read about recent updates here.

The Deferred Resignation Program introduced by the Office of Personnel Management (OPM) has sent ripples through the federal workforce. It all began with the "Fork in the Road" email, a sudden and unexpected communication outlining an unprecedented option for federal employees: submit a deferred resignation effective September 30, 2025, in exchange for administrative leave and return-to-office requirements. This was quickly followed by an FAQ release providing some initial clarification, and then by an official memorandum that attempted to offer more specificity. The rapid-fire rollout of this program suggests a clear strategy—move fast, break things if necessary, but achieve a smaller federal workforce fast. Given the lack of clear statutory grounding and the rapid adjustments in OPM’s approach, it raises serious concerns that this program is evolving on-the-fly rather than being thoughtfully implemented. Keep reading to understand the legality of this program, and your options, including staying.

And if you need help, J. Madison PLC attorney Jacob Small represents federal employees before federal agencies and offers Cloud Counsel, an innovative platform to help federal employees track and manage their cases. If you are weighing your options regarding the Fork in the Road program, contact us today.

Is it Legal?

There are significant legal concerns surrounding this program. One of the most pressing issues is whether the extended administrative leave proposed under the program complies with the Administrative Leave Act of 2016, which generally limits administrative leave to 10 days per year. The lack of clarity on how OPM intends to implement this without violating statutory limits has raised skepticism among legal experts.

Additionally, some have argued that this policy could disproportionately affect certain segments of the federal workforce, possibly undermining the administration’s long-term workforce goals. Employees should be mindful of these broader implications as they consider their options.

For a deeper dive into the legal framework and potential challenges, see Lawfare’s breakdown of the Fork in the Road program. 

Why Staying May Be the Best Strategy for You

Federal employment in Northern Virginia offers significant benefits that make staying in your federal agency position a compelling option. Employees of Northern Virginia enjoy competitive locality pay, which is adjusted for the high cost of living. The Washington-Baltimore-Arlington, DC-MD-VA-WV-PA area ensures that federal workers in Northern Virginia earn more than their counterparts in lower-cost areas. This financial advantage is especially important given the region’s high housing costs and overall expenses.

Beyond salary, retirement benefits under the Federal Employees Retirement System (FERS) provide stability through a mix of the Thrift Savings Plan (TSP), Social Security, and a pension—a combination rarely seen in the private sector. Healthcare coverage through the Federal Employees Health Benefits (FEHB) Program is also a major advantage, offering affordable, comprehensive health insurance that continues into retirement.

An aerial view of the Pentagon in Arlington, Virginia, showcasing its iconic five-sided structure, surrounded by parking lots, greenery, and the Potomac River, with Washington, D.C. landmarks visible in the background
Over 140,000 Virginians work for the federal government, including at facilities like the Pentagon in Arlington, Virginia.

Additionally, the Northern Virginia region is home to many federal agencies, making job mobility a key advantage. Employees can explore career transitions within the federal government without relocating, a benefit unavailable to those in other parts of the country. Northern Virginia is home to the offices for many federal agencies. Some notable locations include:

  • Arlington, VA – Home to the Pentagon (Department of Defense),  and the Office of Naval Research.
  • Alexandria, VA – Headquarters for the U.S. Patent and Trademark Office (USPTO) and the National Science Foundation (NSF).
  • Falls Church, VA – The Defense Health Agency (DHA) and several offices of the Department of Veterans Affairs (VA).
  • Fairfax, VA – Home to the CIA and other intelligence and cybersecurity-related federal offices.
  • Reston and Herndon, VA – Home to the United States Geological Survey (USGS) and a growing hub for contracting and tech-focused federal agencies, including the National Geospatial-Intelligence Agency (NGA).
  • Loudoun, VA – Home to the National Weather Service (NWS) Forecast Office Baltimore/Washington and significant Transportation Security Agency presence at Dulles International Airport.
  • Prince William & Stafford County – Home to Marine Corps Base Quantico which houses the FBI Academy.

With so many federal agencies in close proximity, employees in Northern Virginia have the unique opportunity to transfer to other agencies, shift career paths, or seek promotions while remaining in the same locality pay region. This geographic advantage, combined with federal employment benefits, makes remaining in the civil service an attractive option for many employees considering their next steps.

If you want to keep your job, the best strategy is simple: do not resign. Resignations are irreversible in most cases, and even though the program allows for rescission requests, there is no guarantee they will be granted. Employees should not feel pressured to leave.

Key protections that apply to employees who stay:

  • Merit Systems Protection Board (MSPB) Appeals – If an agency tries to remove you improperly, you may have appeal rights under 5 U.S.C. § 7513.
  • Whistleblower Protections – If you believe the program is being applied unfairly or coercively, the Whistleblower Protection Act (5 U.S.C. § 2302(b)) may protect you.
  • Union Protections – If you are a member of a federal employee union, collective bargaining agreements may provide additional job security.

Practical Steps to Preserve Your Position

  1. Do Not Resign Unless You Are Certain – Federal employees should remember that resignations are not easily undone and should not feel pressured to leave. If you value job security, locality pay, retirement benefits, and career mobility, remaining employed and insisting on due process protections is often the best course of action.
  2. Stay Engaged in Your Role – Agencies cannot legally place employees on extended paid leave without justification. If you are actively contributing to your agency’s mission, your position is more defensible.
  3. Request Clarifications in Writing – If you receive pressure to resign, request all instructions and justifications in writing. This creates a paper trail in case of future legal challenges.
  4. Consider Legal Recourse if Placed on Extended Administrative Leave – If you are sidelined indefinitely without work assignments, you may be able to challenge this, depending on your circumstance.
  5. Keep Records of All Communications – Save emails and official directives about the program, particularly if there is any implication that participation is expected rather than voluntary.
An hourglass counts down, resting atop a stack of legal documents, symbolizes the urgency of meeting critical deadlines in federal employment matters.
Legal deadlines can approach fast. Pay attention to your deadlines to preserve your rights.

Being Mindful of Deadlines

Federal employees considering seeking formal relief must be vigilant about deadlines associated with different legal and administrative pathways:

  • MSPB Appeals: If an adverse personnel action is taken against you, you generally have 30 days from the effective date to file an appeal with the Merit Systems Protection Board (5 C.F.R. § 1201.22).
  • EEO Complaints: Employees facing illegal discrimination have 45 days from the date of the alleged discriminatory action to contact an EEO counselor under 29 C.F.R. § 1614.105.
  • Whistleblower Retaliation Claims: Employees who experience retaliation for protected whistleblowing must first file with the Office of Special Counsel (OSC). If OSC declines to act or terminates processing, employees generally have 65 days from OSC’s decision to appeal to the MSPB. (5 C.F.R. 1209.5).

If you need assistance with navigating deadlines or defending your rights, J. Madison PLC and Cloud Counsel can provide the tools and legal representation necessary to fight for your career.

Final Thoughts: Stay Informed, Stay Proactive

The Deferred Resignation Program presents a choice that will shape the careers of many federal employees. While this program may be legally questionable, what matters most is how you protect your interests. If you want to remain employed, you should not resign and should insist on proper due process protections.

At the same time, being prepared for change is essential. Even if you stay, cultivating career opportunities, building a network, and understanding your rights will ensure that you remain in control of your professional future.

For those weighing their options, legal consultation can provide clarity. Attorney Jacob Madison Small represents federal employees in appeals and complaints before their agency and the EEOC, MSPB, and OSC. And J. Madison PLC offers clients and prospective clients access to Cloud Counsel, a tool designed to help you model the important details of your concerns so litigation, if necessary, is easier and costs less. Contact us today to discuss your rights and options before making any decisions.