To count the 7-day revocation period for a severance agreement, treat the day you sign as Day 0 and start counting the next calendar day as Day 1. Day 7 is your last day to revoke, and the agreement becomes effective on the eighth day after you sign. The seven days are consecutive calendar days, weekends and holidays included, and neither you nor your employer can shorten the window.1Office of the Law Revision Counsel. 29 U.S. Code 626 – Recordkeeping, Investigation, and Enforcement
When the Clock Starts
The statute uses the phrase “following the execution of such agreement,” meaning the revocation period begins after you sign. The day you sign is Day 0, and the first full day of the window is the next day.1Office of the Law Revision Counsel. 29 U.S. Code 626 – Recordkeeping, Investigation, and Enforcement The EEOC’s sample severance agreement confirms this by stating that if you do not revoke during the seven-day period, the agreement takes effect “on the eighth (8th) day after the date you sign.”2U.S. Equal Employment Opportunity Commission. Q&A-Understanding Waivers of Discrimination Claims in Employee Severance Agreements That eighth-day effective date only works if the signing day itself does not count as one of the seven.
Most agreements use your signature date as the trigger, but read yours before you start counting. Some agreements define the start as the date the fully executed agreement is returned to you after the employer also signs. The contract language controls which event starts the countdown.
Counting the Seven Days
Here is the count in practice. Say you sign on a Tuesday:
- Tuesday (signing day): Day 0. The clock has not started.
- Wednesday: Day 1
- Thursday: Day 2
- Friday: Day 3
- Saturday: Day 4
- Sunday: Day 5
- Monday: Day 6
- Tuesday: Day 7. Your last day to revoke.
Weekends fall right in the middle of the count. The statute says “a period of at least 7 days” with no exclusion for weekends or holidays, so the standard practice is to count every calendar day, not just business days.3eCFR. 29 CFR 1625.22 – Waivers of Rights and Claims Under the ADEA If you sign on a Friday, your seven days include the following Saturday and Sunday. Those weekend days count even when you cannot reach anyone at your employer’s office.
Your agreement should also specify the exact time the deadline expires on Day 7. Many contracts set the cutoff at 11:59 p.m., but others use close of business, typically 5:00 p.m. If the agreement is silent on the time, do not assume you have until midnight. Treat close of business as your real deadline and submit your revocation well before then.
When Day 7 Falls on a Weekend or Holiday
Neither the statute nor the federal regulation says what happens when the seventh day lands on a Saturday, Sunday, or federal holiday. Some agreements include language extending the deadline to the next business day, but that is a drafting choice by the employer, not a legal requirement. If your agreement says the revocation must be “received” by Day 7 and Day 7 falls on a Sunday when no one is at the office, you could end up in a gray area a court would have to resolve. The safer approach is to read your agreement for any weekend or holiday extension language, and if there is none, get your revocation in before the weekend begins.
Sent vs. Received: Which Day Counts
Agreements differ on whether the revocation must be “sent” by the deadline or “received” by the deadline, and this distinction can decide whether your revocation is valid. If the agreement says the notice must be “received” by 5:00 p.m. on Day 7, mailing it on Day 6 will not save you if it arrives on Day 8. The statute does not resolve the ambiguity, so the agreement language controls. Read it carefully. If it says “received,” use email or hand delivery for instant confirmation. If it says “sent” or “postmarked,” certified mail with a clear date stamp will do the job. Either way, do not wait until the last hour of the last day.
How to Deliver a Valid Revocation
Your agreement will spell out the method you must use. Verbal statements are not enough. The EEOC’s sample agreement requires a written statement of revocation delivered by fax, email, or registered mail to a specified person.2U.S. Equal Employment Opportunity Commission. Q&A-Understanding Waivers of Discrimination Claims in Employee Severance Agreements Your actual agreement may name a specific recipient, such as the head of Human Resources or the company’s general counsel. Follow those instructions exactly.
The revocation notice itself does not need to be elaborate. A clear written statement that you are revoking your acceptance of the agreement, with your name and the date, is enough. What matters more than wording is proof of delivery. Email creates a timestamp. Fax generates a confirmation page. Certified mail gives you a postal receipt with the date.
What Happens on Day 8
If you do not revoke, the agreement becomes effective and enforceable once the seven days pass. Using the EEOC’s sample language, the effective date is the eighth day after you sign.2U.S. Equal Employment Opportunity Commission. Q&A-Understanding Waivers of Discrimination Claims in Employee Severance Agreements At that point both sides are locked in. You are bound by the claims you released, and your employer is obligated to deliver the promised severance pay and benefits.
Once Day 7 expires without a valid revocation, the window shuts permanently. No court will reopen the revocation period simply because you changed your mind on Day 8. The only remaining path is to challenge the validity of the waiver itself, which is a separate and difficult argument, not a substitute for revoking on time.
Does This Apply to You?
The mandatory 7-day revocation period comes from the Older Workers Benefit Protection Act, which amended the Age Discrimination in Employment Act. It applies to employees aged 40 and over who are waiving age discrimination claims. Before the revocation window starts, you also get a consideration period to review the offer: at least 21 days for an individual agreement, or at least 45 days if the waiver is part of a group layoff or exit incentive program.2U.S. Equal Employment Opportunity Commission. Q&A-Understanding Waivers of Discrimination Claims in Employee Severance Agreements The 7-day revocation period is separate and comes after the consideration period, starting only once you sign.
You do not have to use the full 21 or 45 days before signing. Federal regulations allow you to sign early, and doing so immediately starts the 7-day revocation clock.3eCFR. 29 CFR 1625.22 – Waivers of Rights and Claims Under the ADEA Even when you sign early, the 7-day period still cannot be shortened. It runs its full seven days regardless of how much of the consideration period you used.2U.S. Equal Employment Opportunity Commission. Q&A-Understanding Waivers of Discrimination Claims in Employee Severance Agreements
If you are under 40, federal law does not guarantee you any specific revocation period. Courts evaluate whether your waiver was “knowing and voluntary” based on the overall circumstances.2U.S. Equal Employment Opportunity Commission. Q&A-Understanding Waivers of Discrimination Claims in Employee Severance Agreements Some state laws add their own consideration or revocation periods regardless of age, and specifics vary; at least one state mandates a 15-day post-signing revocation period under its own age discrimination statute. If your employer offers a revocation period that federal law does not require, the counting method above still works. Just confirm whether the agreement measures the window in calendar days or business days, since without the OWBPA framework, the contract terms are what govern.