OWBPA release timelines: 21 days, 45 days and the 7-day revocation period

How long does an employee 40 or older get to consider a severance release?

At least 21 days when one person is let go, and at least 45 days when the release is part of a program offered to two or more people, which includes a reduction in force. After signing, the employee has 7 more days to revoke, and the release can't take effect until those 7 days pass. These periods come from the Older Workers Benefit Protection Act, 29 U.S.C. 626(f). If the release misses them, it doesn't waive age discrimination claims under the ADEA, even if the employee keeps the severance.

The timeline, worked through

The 21 or 45 days run from the date of the employer's final offer (29 CFR 1625.22(e)(4)). A material change to the offer restarts the clock; a minor one doesn't, and the parties can agree in writing that changes won't restart it. Counting calendar days from the day after the final offer arrives:

Step	One person (21 days)	Group program (45 days)
Final offer received	Mon, Nov 2	Mon, Nov 2
Last day to consider	Mon, Nov 23	Thu, Dec 17
Last day to revoke (7 days after signing)	Mon, Nov 30	Thu, Dec 24
First day the release can take effect	Tue, Dec 1	Fri, Dec 25

Exhibit 1. Source: 29 U.S.C. 626(f)(1)(F)–(G); 29 CFR 1625.22(e). Calendar days counted from the day after receipt; no weekend or holiday adjustment.

The group example lands on December 25. Neither the statute nor the regulation says whether a deadline that falls on a weekend or holiday moves to the next business day. Many agreements say so explicitly; decide it with counsel and put it in the agreement.

Release timeline for employees 40 and over

Final agreement receivedType of terminationOne person (21 days)Two or more people, group program (45 days)Date signed (optional)

Last day to consider (21 days)

Mon, November 23, 2026

If signed on the last day

Mon, November 23, 2026

Last day to revoke (7 days)

Mon, November 30, 2026

Release can take effect

Tue, December 1, 2026

Educational estimate, not legal advice. Nothing you enter leaves this page.

Can an employee sign before the 21 or 45 days are up?

Yes, if it's their own choice. The regulation allows early signing as long as the employer didn't induce it through fraud, misrepresentation, a threat to withdraw or change the offer before the period ends, or better terms for people who sign early (29 CFR 1625.22(e)(6)). Signing early starts the 7-day revocation period early. It doesn't shorten it. An employer may process the paperwork faster for early signers.

What a valid release has to contain

Every OWBPA waiver, individual or group, must meet all of these (29 U.S.C. 626(f)(1)):

• Written so the employee can understand it. The regulation asks for plain language suited to the person signing, without technical jargon and long, complex sentences, and without overstating the benefits or understating the limits.
• Names the Age Discrimination in Employment Act specifically.
• Waives only past claims, not anything that arises after signing.
• Gives something extra: consideration beyond what the employee is already owed, such as final pay or accrued vacation the law already requires.
• Advises the employee in writing to consult a lawyer before signing.
• Gives the 21 or 45 days to consider and 7 days to revoke.

What a group release has to disclose

When two or more people are offered consideration for a release in the same program, the employer must hand over, in writing and at the start of the 45 days (29 U.S.C. 626(f)(1)(H)):

1. The decisional unit: the class, unit or group the program covers, the eligibility factors, and any time limits.
2. The job titles and ages of everyone eligible or selected, and the ages of everyone in the same job classification or unit who wasn't.

Decisional unit	Job title	Age	Selected
Minneapolis finance	Senior accountant	58	Yes
Minneapolis finance	Senior accountant	44	No
Minneapolis finance	Senior accountant	31	No
Minneapolis finance	Payroll specialist	62	Yes
Minneapolis finance	Payroll specialist	39	No

Note: Example layout only. Counsel sets the exact format.

Exhibit 2. Source: Required content: 29 U.S.C. 626(f)(1)(H) and 29 CFR 1625.22(f)(4). Exact ages; bands broader than one year don't comply.

The decisional unit is the part of the organization from which the employer chose who would and wouldn't be offered consideration. It's usually no broader than the facility (29 CFR 1625.22(f)(3)). Ages must be exact: bands broader than one year don't satisfy the rule, and when a reduction spans several grade levels, the list is broken out by level. When terminations come in waves, each new disclosure covers everyone so far.

What happens if the release doesn't comply

The release doesn't bar an age claim. In Oubre v. Entergy Operations (1998), the Supreme Court held that an employee can sue under the ADEA even after keeping the severance paid for a defective release. The EEOC's rule goes further: an ADEA waiver can't require the employee to pay the money back before challenging it, and can't penalize a challenge (29 CFR 1625.23). A court may still offset a later award by the severance already paid.

Where this fits in planning a reduction in force

Build the release timeline into the separation calendar before the notice day. The 45-day period, the disclosure list and the 7-day revocation period decide when severance can first be paid. The disclosure list also comes from the same data as the selection review, so run the adverse-impact analysis on that list first, with counsel.

The employee's side of the same rules: how long do you have to sign a severance release?

Sources

1. Legal Information Institute, Cornell Law School, 29 U.S.C. 626(f), Waiver of rights or claims (Older Workers Benefit Protection Act), accessed Oct 30, 2026.
2. Legal Information Institute, Cornell Law School (eCFR text), 29 CFR 1625.22, Waivers of rights and claims under the ADEA, accessed Oct 30, 2026.
3. Legal Information Institute, Cornell Law School (eCFR text), 29 CFR 1625.23, Waivers of rights and claims: tender back of consideration, accessed Oct 30, 2026.
4. US Equal Employment Opportunity Commission, Understanding Waivers of Discrimination Claims in Employee Severance Agreements, accessed Oct 30, 2026.
5. Justia US Supreme Court Center, Oubre v. Entergy Operations, Inc., 522 U.S. 422 (1998), accessed Oct 30, 2026.