The England international has a relegation-release clause in his contract, which boss David Moyes is not too happy about.
"He has scored goals and we have needed those goals," said Moyes. "We hope he stays, the supporters hope he says, but it has to be Jermain's decision.
"There is a clause in his contract, which is hard to take. In my time as manager I wouldn't have allowed a clause to be in there but it is and we have to honour the contract."