Topline
Federal civilian employees have a Thursday deadline to accept the Trump administration’s offer to resign with pay through September—but the proposal has created mass confusion about its legality, including whether the White House has the authority to usurp Congress in administering paychecks to workers who quit.
President Donald Trump and Israeli Prime Minister Benjamin Netanyahu hold a joint press conference … [+]
Timeline
The deadline for accepting the offer is Thursday at 11:59 p.m.
NBC News and The Washington Post—after a figure of around 20,000 was reported a day earlier.
About 40,000 of the approximately 2.3 million employees eligible for the buyout offer have accepted it, according toCNN reported Tuesday, citing two unnamed administration officials.
Trump is reportedly planning mass layoffs among those who don’t take the buyouts,The Office of Personnel Management announced in a memo posted to its website and in a mass email to federal employees that all full-time federal civilian staffers had the option of taking buyouts by Feb. 6 that would allow them to be paid, with benefits, through Sept. 30.
“The majority of federal agencies are likely to be downsized through restructurings, realignments, and reductions in force,” the email stated, warning that a significant number of federal employees would be furloughed or reclassified to “at-will,” making them easier to fire.
How Many Federal Workers Are Taking Buyouts?
More than 40,000 workers have reportedly taken the offer and the number is growing, an unnamed source familiar with the matter told NBC News. The 40,000 workers represent roughly 2% of those who were offered the deal—a large job cut by any measure, but short of the White House’s reported goal of slashing between 5% and 10% of the federal workforce through buyouts.
Who Is Eligible For The Federal Buyouts? Which Employees Are Exempt From The Offer?
The vast majority of civilian staff are eligible for the buyouts. Military armed forces personnel, U.S. Postal Service employees, immigration enforcement and national security employees and workers related to public safety are exempt, according to an OPM fact sheet. Agency heads can also identify exemptions within their departments.
Do Federal Employees Still Need To Work After Taking A Buyout?
Guidance posted to the Office of Personnel Management website states that they are not, however sample contracts sent to some federal employees this week states they must agree to work through Feb. 28 and will be put on paid administrative leave by March 1, NPR reported. The draft contract sent to Environmental Protection Agency employees also acknowledges that the pay guarantee through Sept. 30 is “subject to the availability of appropriations” dictated by Congress, which must approve a new budget by the time the current one expires on March 14.
Is Elon Musk Involved In Cutting Federal Staff?
Yes. Trump appointed billionaire Elon Musk to lead his Department of Government Efficiency spearheading sweeping cuts to government agencies, including shutting down the U.S. Agency for International Development and halting work at the Consumer Financial Protection Bureau. The Jan. 28 email offering buyouts to federal staff was titled “Fork in the Road,” the same subject line Musk used in making a similar offer to Twitter employees after he bought the company in 2022.
How Do The Buyouts Compare To Other Mass Layoffs?
If the Trump administration reaches its goal of cutting 5% to 10% of staff, more than 100,000 people will leave the federal workforce, making it by far the largest layoff in U.S. history. The current record-holder is IBM, which cut 60,000 jobs in 1993.
Are The Buyouts Legal?
Some critics say no. The American Federation of Government Employees and other unions representing more than 800,000 government workers filed a federal lawsuit Tuesday asking a Massachusetts court to temporarily stop the directive. The union warned its members last week that the existing government budget is only effective through March 14, so the government can not guarantee pay beyond then. Employment lawyers and some Democrats have also cast doubt on the legality of the order without congressional approval.
Contra
Office of Personnel Management spokesperson McLaurine Pinover accused critics of the offer of “spreading misinformation and using workers as political pawns” in a statement insisting the proposal “was thoroughly vetted and intentionally designed to support employees through restructuring.”
Key Background
The effort is part of Trump’s plans to significantly reduce the size of the federal government, including by freezing most hiring, barring remote work and eliminating some agencies, such as the Department of Education, entirely. Workers at the U.S. Agency for International Development and the Consumer Financial Protection Bureau have been told to cease operations while the Trump administration assesses whether its work is in line with his executive orders. The Trump administration has fired inspectors general and Justice Department staff involved in prosecuting him. Trump also placed all diversity, equity and inclusion employees on paid leave and ordered each agency to cut its DEI programs.
Further Reading
Trump Vs. Education Department: Trump Wants ‘States To Run Schools’ — Here’s What We Know (Forbes)
USAID Controversy Live Updates: Nearly All Of USAID’s 10,000 Global Staffers To Be Placed On Leave (Forbes)
The Biggest Job Cut In U.S. History Hit 60,000 Workers. Trump Could Push Out Far More. (Forbes)