More and more questions are being raised about the legality of the Trump administration's offer to nearly all federal workers to resign now and keep their pay through Sept. 30.
Billionaire Elon Musk is seen as the architect of the"deferred resignation" offer to federal employees. He sent a similarly worded offer to Twitter staff when he bought that company in 2022. Here, he speaks as President Trump looks on at a MAGA victory rally on Jan. 19.While the initial offer to federal employees to resign by Feb. 6 and retain their pay and benefits through Sept. 30 came directly from the U.S.
"On behalf of the National Science Foundation, I am informing you that the offer is valid, lawful, and will be honored by NSF," wrote Wonzie L. Gardner, chief human capital officer for the National Science Foundation, in an email sent Thursday that was described to NPR by federal employees not authorized to speak on the matter.
"If you accept the deferred resignation offer, you will receive pay and benefits through September 30, 2025, and will not be subject to a reduction-in-force or other premature separation," Thursday's email said. While federal employees are in some cases allowed to take outside employment as long as it doesn't interfere or conflict with their work obligations, they typically need supervisor approval, says Kettl."One can imagine a blanket approval from agency supervisors — or even the politically appointed secretary — for such work," says Kettl."But it would have to be done in advance. It's not clear that OPM's FAQ would be sufficient to be legal approval.
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