The 2025 federal deferred resignation offer was not left open indefinitely. After a judge temporarily paused the program on February 6, the Office of Personnel Management (OPM) extended the response deadline from that day to February 10, 2025, at 11:59 p.m. Eastern. On February 12, the judge dissolved the pause and the administration closed the offer to new applicants. The reported acceptance totals varied by date and source; the later figure of about 75,000 was OPM’s reported count, not an independently audited final total.
What the “Fork in the Road” offer was
OPM sent its “Fork in the Road” deferred resignation email to federal employees on January 28, 2025. The offer described paid administrative or other leave through September 30, 2025, with employees not expected to work during the deferred period. WTOP’s February 2 account of OPM’s FAQ said participants could seek other jobs, subject to applicable restrictions. The offer was subject to government shutdown and funding uncertainty; it was not a guarantee that every employee would receive uninterrupted pay regardless of a shutdown. WTOP’s summary of OPM’s FAQ also described eligibility exceptions and the possibility of an agency considering a request to rescind an acceptance.
The offer’s broad distribution did not mean every federal employee could participate. A February 5, 2025 Senate Appropriations Committee minority letter said more than 2 million federal employees had received it. The letter raised questions about OPM’s statutory authority, limits on administrative leave, conflicts of interest, and the availability of funding beyond the then-current continuing resolution; those were concerns advanced in the letter, not findings resolved by a court. The committee minority’s February 5 letter
Why the February 6 deadline moved
The original response deadline was February 6, 2025. That day, U.S. District Judge George A. O’Toole Jr. temporarily paused further action on the program while a legal challenge proceeded. OPM then extended the response deadline to February 10 at 11:59 p.m. Eastern. The extension resulted from the temporary court order; it was not a standing extension or a new offer announced for later applicants. The Washington Post reported the pause and extension on February 6.
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How many federal workers accepted?
Contemporaneous reports cited different figures, with different sources and timestamps. They should be read as snapshots rather than a single consistent count:
| Reported figure | Attribution and date | What it tells you |
|---|---|---|
| About 40,000 | White House press secretary Karoline Leavitt, February 6, 2025, as reported by the Associated Press | A White House estimate reported on the original deadline day. Associated Press, February 6 |
| About 50,000 | An unnamed person familiar with internal conversations, February 6, 2025, as reported by The Washington Post | The source was not authorized to speak publicly. The Washington Post, February 6 |
| About 65,000 | A White House official, February 6, 2025, as reported by the Associated Press; an administration figure reported by Government Executive on February 10 | A later or differently attributed administration figure, not an audited count. Associated Press, February 6; Government Executive, February 10 |
| About 75,000 | OPM spokeswoman McLaurine Pinover, February 12, 2025, as reported by Government Executive; also recounted as OPM’s claim in U.S. House Committee Report 119-11, 2025 | OPM’s reported figure, not an independent audit of final acceptances. Government Executive, February 12; House Committee Report 119-11 |
The differences in these figures reflect their separate reporting dates, attributions, and sources. The cited reporting does not establish an independently audited final acceptance total.
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What the February 12 court ruling did—and did not—decide
On February 12, Judge O’Toole dissolved the temporary restraining order, after concluding that the unions’ claims belonged in administrative processes and that the court lacked jurisdiction to hear them in that posture. The administration closed the program to new applicants that evening. The ruling cleared the way for the program to proceed; it was not a final merits decision resolving every question about the offer’s legality. Government Executive’s February 12 report and The Washington Post’s February 12 coverage describe the ruling and closure.
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Employees remained federal employees while on leave
OPM’s FAQ, as summarized by WTOP, said participants would not be expected to work during the deferred period and could seek other employment. But being on leave did not itself end federal employment or its obligations. HHS guidance said HHS participants remained employees on administrative leave and continued to be bound by applicable federal ethics rules, including conflict-of-interest restrictions and the Hatch Act. It said non-federal employment could be accepted subject to legal restrictions. That guidance is specific to HHS; it should not be treated as a blanket statement about agency-specific waivers or implementation elsewhere. HHS ethics guidance, February 2025
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WTOP’s summary of OPM’s FAQ said an employee could request to rescind an acceptance, but the agency would review the request. The offer summary also described possible extensions after approved leave. Those provisions did not mean employees could unilaterally reverse a resignation or assume an extension would be approved; the terms and agency implementation mattered.
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What federal employees should take from the episode
- “Can federal workers accept the deferred resignation offer after Feb. 6?” The response deadline was extended to February 10, 2025, at 11:59 p.m. Eastern, after the temporary court pause. The administration closed the program to new applicants on February 12, so this is not a currently available offer.
- “Can federal workers change their mind?” OPM’s FAQ summary described a process to request rescission for agency review, not an automatic right to withdraw. HHS ethics guidance likewise shows that accepting leave did not by itself terminate an employee’s federal status or obligations.
- “Will federal employees be required to work after accepting the deferred resignation offer?” OPM’s FAQ summary said participants were not expected to work during the deferred period. They nevertheless remained federal employees while on administrative leave, and applicable ethics rules continued to matter.
- For personal financial decisions: the stated leave period and pay were paired with shutdown and funding uncertainty, eligibility exclusions, and litigation over the program. The offer should not be treated as a guaranteed severance payment or as a simple immediate exit from federal employment.
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