How long do you have to sign a severance release if you're 40 or older?

How long do I have to sign my severance agreement?

If you're 40 or older and the agreement asks you to give up age discrimination claims, federal law gives you at least 21 days to consider it, or at least 45 days if two or more people were offered severance in the same layoff or exit program. After you sign, you get 7 more days to revoke, and the agreement doesn't take effect until those 7 days are over. Under 40, no federal minimum applies; the deadline is whatever the agreement says, so ask for more time if you need it.

Work out your dates

The clock starts on the day you receive the employer's final offer. If they make a material change to the terms, it starts again. Enter the day you got it:

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.

For a final offer received on Monday, November 2, 2026, in a one-person termination, the last day to decide is Monday, November 23. Sign that day and you can revoke through Monday, November 30; the agreement takes effect Tuesday, December 1. In a group layoff the last day to decide is Thursday, December 17.

If a deadline falls on a weekend or holiday, check the agreement. The law doesn't say the date moves, and many agreements say it does.

Can I sign early?

Yes, if you want to. Your employer can't pressure you to sign early, threaten to withdraw the offer before your time is up, or offer better terms to people who sign early (29 CFR 1625.22(e)(6)). Signing early only starts your 7-day revocation window sooner. You still get all 7 days.

What the release has to tell you

To give up age claims, the agreement must be written so you can understand it, name the Age Discrimination in Employment Act, give you something you weren't already owed, and tell you in writing to talk to a lawyer before signing.

In a group layoff it must also include a list: the job titles and exact ages of everyone in your unit who was selected, and the ages of the people in the same job group who weren't. This list is the most useful page in the packet. If the people let go are mostly older than the people kept, that's worth a conversation with an employment lawyer before the 45 days run out.

What if the release doesn't follow these rules?

Then it doesn't waive your age claims under federal law, even if you keep the severance. The Supreme Court decided this in Oubre v. Entergy Operations (1998), and the EEOC's rule says the agreement can't make you return the money before you challenge it (29 CFR 1625.23). A court can still subtract what you were paid from anything it awards.

Using the time well

• Read the agreement for what you give up besides age claims: non-competes, non-disparagement, cooperation clauses, and when the money is paid.
• Check what happens to your health coverage, bonus, equity and unused vacation.
• Ask for changes in writing. Severance is often negotiable, especially for senior roles; see negotiating a better package.
• File for unemployment while you decide. See unemployment and severance by state.

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.