OPM Writes the "Fork in the Road" Paid-Leave Deal Into Federal Regulation: What Federal Employees Should Know

OPM has written the "Fork in the Road" paid-leave deal into federal regulation. The final rule, published at 91 Fed. Reg. 65924 on October 19, 2026, takes effect November 18. If you took the deferred resignation offer last year, or watched colleagues take it, you may be wondering what the new rule changes and whether formalizing it is a good idea.

What the Final Rule Covers

Under the rule, agencies may place you on extended paid leave if you agree in writing to leave on a set date, in three situations: after a reduction-in-force (RIF) notice, as a deferred resignation, or as part of a settlement of a case built on documented allegations of poor performance or misconduct. Notice the word "allegations." The settlement category applies to allegations, not findings.

One provision deserves a close read. If you change your mind after signing, whether you can take your resignation back is left to the agency's "sole and exclusive discretion." In other words, a decision to take the deal is now a valid reason for the agency to say no to a withdrawal.

How We Got Here

Last year's offer began with a January 28, 2025 email to roughly two million federal employees titled "Fork in the Road." It said the agency could not give "full assurance regarding the certainty of your position or agency." The offer came with a roughly nine-day window and no guarantees. According to the figures Shaun Southworth cited, roughly 140,000 employees accepted. GAO reported about $6.7 billion in deferred resignation leave (GAO-26-108477), and the Partnership for Public Service reported on August 20, 2026 that agencies later refilled 20,557 of those jobs, at an average of 1.4 grades lower.

Is Putting It in Regulation a Good Idea?

Reasonable people disagree. In favor: last year's program ran on an email, an FAQ, and a memo, and a written rule gives employees and their representatives something concrete to hold agencies to. Against: the confusion last year was not caused by a missing rulebook. It came from the pressure of the process, and a regulation does not by itself prevent that kind of pressure.

It is also worth remembering that paid leave inside a settlement has long been a soft landing for some federal employees. That is not new, and it can be a sound choice in the right circumstances.

A Word for Those Who Took the Deal, and Those Who Stayed

If you took it, you were not weak. You made a decision with limited time and no guarantees. If you stayed, it is understandable to still feel frustrated. Whatever you chose, it was the best decision you could make for yourself with the information you had at the time.

Before You Sign Anything

• Read every line of the agreement, including the withdrawal terms and the date your separation takes effect.
• Ask for the terms in writing and keep copies outside government systems.
• Do not sign alone. This is especially important if you are a long-serving employee facing a performance or discipline issue, or if the agreement accompanies a RIF notice or a settlement.

If you are handed one of these agreements, consider talking with federal employee lawyers before you decide.

Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation.