Federal judge pauses deadline for federal workers to accept Trump’s resignation offer

A federal judge paused Thursday’s deadline for federal employees to accept the Trump administration’s deferred resignation offer while more proceedings on the program’s legality play out.

The government will send a notice to the employees informing them that Thursday’s deadline is on hold.

Before the judge’s ruling, eligible federal workers had until 11:59 p.m. ET on Thursday to decide whether to take the Trump administration’s deferred resignation offer, which will generally allow them to leave their jobs but be paid through the end of September.

The pause stems from a lawsuit that the American Federation of Government Employees and several other unions filed in US District Court in Massachusetts on Tuesday seeking a temporary restraining order to halt the February 6 deadline. The unions also want to “require the government to articulate a policy that is lawful, rather than an arbitrary, unlawful, short-fused ultimatum which workers may not be able to enforce.”

US District Judge George O’Toole, an appointee of President Bill Clinton who sits in Boston, said in the brief hearing that he was halting the government from taking steps to implement the plan as he receives more briefings on whether it should be blocked. The next hearing is scheduled for Monday afternoon.

Federal unions have strongly urged members not to accept the package, questioning its legality and the ability of the Trump administration to follow through on its promises.

At least 50,000 employees have already accepted the package, an administration official told CNN Thursday.

Supervisors and leaders of at least two federal agencies have been meeting with their staffers, reminding them about the offer, answering questions and, in some cases, stopping just short of urging workers to take it.

The offer is a sweeping effort by the administration to shrink the size of the federal workforce and presents many employees with a tough decision about their careers and futures.

While an Office of Personnel Management spokesperson described the offer as “a rare, generous opportunity,” it also contains a warning: Those who don’t opt in are at risk of losing their jobs. The administration is planning widespread layoffs soon, two officials have told CNN.

The 50,000 figure represents about 2.5% of the roughly 2 million federal employees who received the incentive. The White House has said its target is for between 5% and 10% of employees to resign.

The administration had expected a big spike in workers taking the package in the final 24 to 48 hours before the deadline, an OPM spokesperson said. Employees have communicated their acceptances of the offer by responding to OPM’s email outlining the initiative and through direct conversations with their agency managers.

Certain federal workers — including military personnel, those in immigration enforcement, certain national security staffers and National Transportation Safety Board employees — are not eligible. But Central Intelligence Agency staffers are.

OPM is also sweetening the pot for older federal workers. It is offering an early retirement incentive — known as Voluntary Early Retirement Authority, or VERA — to those who meet the eligibility criteria and who opt in to the deferred resignation program, a source familiar with the offer told CNN on Tuesday. Employees must be at least 50 years old with at least 20 years of service or be any age with at least 25 years of service. They must request the early retirement incentive.

The deferred resignation offer was sent to federal employees on January 28 through the administration’s new mass email system. The subject line, “Fork in the Road,” had many similarities to an email that X, then called Twitter, sent to its employees days after Elon Musk took over the company. Musk now leads Trump’s Department of Government Efficiency, which has been tasked with shrinking the federal workforce as one of its mandates.

The email sparked confusion, concern and consternation among many of the recipients. An FAQ posted on OPM’s website, as well as a subsequent email to workers, sought to clarify that employees who take the offer will not be required to continue working, with rare exceptions, that they will receive full pay even though the federal government is currently only funded through mid-March and that the deferred resignation incentive is valid and legal.

In a follow-up OPM memo sent to agency leaders on Tuesday, the office specified that separation agreements between agencies and employees are legally binding. Were the administration to backtrack on its commitments, “an employee would be entitled to request a rescission of his or her resignation,” it said.
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