"Fork in the Road" (FiR)

"Fork in the Road" (FiR) Info

Please note this page will be updated as needed.

FAQS

1) Should I take the deferred resignation? (1/31/25)
With regard to the deferred resignation program, POPA has sent out all the info we have at this point. POPA has asked for a contact at USPTO and there is no one who knows enough about this to answer questions. It is not a regular known government program nor have employees in the agencies been trained on it.

A big part of the problem with this program is that it was conjured up and does not follow any current programs available in the government. We don’t think the agency can deliver 7+ months of administrative leave while you don’t work. This appears to be against the law. POPA has reached out to get answers, but there are no experts on this program so no one to answer all these questions. For example, we have no information on tax consequences or unemployment benefits or if funds are available to pay for this. Also, possibly patent examiners might be excluded from this “deal” in total. But the February 6 deadline is closing in without clear direction.

See POPA update 2/3/25.

2) As a POPA covered employee, do I have to return to work? (updated 2/3/25)
We have an effective CBA. POPA employees are being allowed to continue to telework. Not being allowed to do so would be an illegal breach of our CBA. As long as the CBA is not breached, there is no action to take. Again, the CBA is being honored and POPA employees are being allowed to continue to telework. If the agency head orders all POPA-covered employees to return to the office, POPA will take the necessary action.

There is no return to in-person work for POPA-covered employees. POPA-covered employees can continue to telework whether full time (including within 50 miles of an office or TEAP) or partial telework. Follow the appropriate POPA-negotiated telework agreement for your business unit/job.

The agency is who has to direct employees to return to in-person work. That has not occurred. POPA will send further communications if that illegal breach of the CBA occurs.

Some of you have mentioned renegotiations. Per our CBA, the subject of telework can’t be reopened until after June 30, 2029. Any suggestion to do that will be appropriately dealt with.

3) I'm a probationary employee, what applies to me? (1/31/25)
Probationary employees who are patent examiners are covered by the POPA CBA.
While we don’t think you are excluded from the resignation campaign, the issues we have with it still apply. Possibly patent examiners might be excluded from this “deal” in total.
The PTO does need to send a list of probationary employees to OPM, as every agency must. Our agency does use the probationary year to determine if someone will make it as a patent examiner. POPA has heard that OPM wants to make sure the probationary year is being used properly.