WASHINGTON, D.C. (Federal News Network) — The Office of Personnel Management’s “deferred resignation” offer is raising a host of legal questions with no easy answers for federal employment attorneys.

Attorneys say the offer — spelled out in OPM’s Tuesday night email to all feds — isn’t rooted in any specific program or regulation for reducing the federal workforce or making voluntary separations. OPM told employees the deadline for accepting the resignation offer is Feb. 6.

“It is, I think right now, intentionally vague, and it’s not allowing enough people to be able to either give solid advice to employees or for employees to be able to make informed decisions,” Kevin Owen, partner at Gilbert Employment Law, said in an interview. “And that’s causing significant concern out there in the federal employee community.”

The Trump administration hasn’t issued any additional public guidance on the program beyond a five-page Frequently Asked Questions memo.

Owen specifically pointed out that OPM has not yet asked employees who opt in to waive any rights or ability to appeal personnel actions.

“One question is, where is the authority to set up this program? Are they going to try to attach strings at the end of this process that waive rights? It does not look fully baked yet,” Owen said.

In setting up the program, OPM declined to use existing regulations that allow agencies to offer employees a buyout. Attorneys specifically pointed to programs like the Voluntary Separation Incentive Payment Authority, which allows agencies to offer employees lump-sum payments of up to $25,000 to voluntarily separate.

“This ‘deferred resignation program’ is not being offered pursuant to any established regulatory framework, there are no funds set aside for this program, and there is no guarantee that your agency will be able to place you on administrative leave for the eight-month period,” Alden Law Group partner Michelle Bercovici wrote in a blog post today. “There is no precedent for this program, and its provisions are directly contrary to past OPM guidance on appropriate uses for administrative leave.”

Bercovici recommended feds consult with agency benefits personnel, human resources, and other “appropriate experts” before resigning from government.

“A ‘one-size-fits-all’ email from OPM does not take into account individual circumstances and should not be read to provide a guarantee as to your rights and pay,” she added.

The American Federation of Government Employees likewise cautioned employees not to take the deferred resignation offer “at face value” in a flyer distributed today. AFGE warned it “may also face legal challenges that could alter the terms of all or portions of the program.”

While the legal standing of OPM’s offer has not yet been challenged, AFGE’s flyer advises local units and councils that they may consider filing grievances alleging that the program violates collective bargaining agreements or regulations.