Give at least 21 days to consider an individual waiver, 45 days for a group program, and 7 days to revoke.
Key takeaways for day counts before an age waiver
- For an individual severance offer, the worker gets at least 21 days to consider the agreement, according to the U.S. Equal Employment Opportunity Commission.
- If the waiver connects to a group or class exit incentive program, the consideration period extends to at least 45 days, according to Legal Information Institute.
- The agreement must allow the individual to revoke the waiver for at least 7 days following execution, and it cannot become effective or enforceable until that period expires, according to the U.S. Government Publishing Office.
- An employee may sign the release before the 21-day or 45-day period ends, which immediately commences the mandatory 7-day revocation period, according to Legal Information Institute.
An age waiver needs the consideration window and the revocation window the pages state
The regulation requires that the individual is given a period of at least 21 days within which to consider the agreement, according to Legal Information Institute. This 21-day window is the baseline for an individual offer. You must also include the revocation period. The statute states that the agreement provides that for a period of at least 7 days following the execution of such agreement, the individual may revoke the agreement, according to U.S. Government Publishing Office.
The regulation is explicit about the length of this revocation period. It states that the 7 day revocation period cannot be shortened by the parties, by agreement or otherwise, according to Legal Information Institute. You cannot negotiate this timeframe down to five days or three days. The text does not allow for a shorter period. The agreement shall not become effective or enforceable until the revocation period has expired, according to U.S. Government Publishing Office.
These two windows work together. The 21-day period is for consideration. The 7-day period is for revocation after signing. If you are preparing a draft release, you must ensure both timeframes are present in the text. The 21-day period is the minimum time the worker has to read and think about the offer.
Who the age-40 protection covers
Under the rules cited here, an employer cannot treat an applicant or employee less favorably merely because of a person’s age when that person is over 40, according to Texas Workforce Commission. This protection extends to workers who are 40 or older, as the commission states that an employer cannot discriminate against workers who are 40 or older based on their age, according to Texas Workforce Commission.
See Age discrimination: 8 hiring and benefits rules, Hiring laws at 15 staff, 20 staff, and age 40, and Staffing firm offer withdrawal on 2 grounds.
For a small staffing firm, this means the age waiver you are preparing must be grounded in the specific age-claim context.
The 21-day individual window and the 45-day group window
For a single worker, the U.S. Government Publishing Office states that the individual is given a period of at least 21 days within which to consider the agreement. This 21-day consideration period applies to individual offers of a release of age claims. According to U.S. Government Publishing Office, the statute specifies this minimum time for the individual to review the terms. The U.S. Equal Employment Opportunity Commission clarifies that this 21-day consideration period runs from the date of the employer’s final offer. This start date is critical for calculating the deadline. If material changes to the final offer are made, the 21-day period starts over, according to U.S. Equal Employment Opportunity Commission.
When the release is part of a broader exit incentive or other employment termination program offered to a group or class of employees, the time frame extends. The U.S. Government Publishing Office notes that in this specific group context, the individual is given a period of at least 45 days within which to consider the agreement. This 45-day window is distinct from the 21-day individual window and applies only to group or class programs. The Legal Information Institute confirms that the 21 or 45 day period runs from the date of the employer's final offer. This regulatory text aligns the start date for both individual and group scenarios to the final offer. You should identify whether your release is for a single worker or a group program to determine which of these two periods applies.
The 7-day revocation window that the regulation says cannot be shortened
The regulation specifies a mandatory seven-day period during which a worker may withdraw consent to the release. Under 29 CFR § 1625.22, the 7-day revocation period cannot be shortened by the parties, by agreement or otherwise, according to Legal Information Institute. The U.S. Code reinforces this requirement by stating that the agreement must provide that for a period of at least 7 days following the execution of such agreement, the individual may revoke the agreement, and the agreement shall not become effective or enforceable until the revocation period has expired, according to U.S. Government Publishing Office.
A critical procedural detail: the clock for this seven-day window starts upon signing, not upon the expiration of the consideration period. An employee may sign a release prior to the end of the 21 or 45 day time period, thereby commencing the mandatory 7 day revocation period, according to Legal Information Institute. This means that if a worker signs the document on day ten of a 21-day consideration window, the seven-day revocation period begins immediately. The release does not become effective or enforceable until that seven-day period has fully elapsed.
For a small staffing firm, this rule requires precise date tracking. You cannot assume the release is valid the moment the worker signs. You must calculate the end date of the revocation period based on the actual signature date. An early signature moves the effective date ahead of the end of the consideration window. Waiting until the final day of the consideration window shifts the effective date later.
Filled reference table of each publisher's waiver rule
The table below lists the specific age-waiver rules or day counts published by each source. Each row contains only the information stated in that publisher’s page.
| Publisher | Rule or Day Count | Source Page |
|---|---|---|
| U.S. Equal Employment Opportunity Commission | A waiver must provide the employee with at least 21 days to consider the offer. | Q&A-Understanding Waivers of Discrimination Claims in Employee Severance Agreements |
| Legal Information Institute | The individual is given a period of at least 21 days within which to consider the agreement. | 29 CFR § 1625.22 - Waivers of rights and claims under the ADEA |
| U.S. Government Publishing Office | The individual is given a period of at least 21 days within which to consider the agreement. | U.S.C. Title 29 - LABOR |
| Texas Workforce Commission | Employment discrimination generally exists where an employer treats an applicant or employee less favorably merely because of a person’s age (over 40). | Employment Discrimination |
Illustrative example of dating the two windows
Suppose the final offer is made on day 1. For one worker, count the consideration period from that day. The worker signs on day 10. The revocation period of 7 days starts on that signature day, not at the end of the consideration period. The agreement is not effective or enforceable until that revocation period has expired. If the same release is part of a group exit program, the consideration period is 45 days from the final offer, and an early signature on day 10 still starts the 7-day revocation period. If the offer changes in a material way, the consideration period starts over from the new final offer. Mark the signature day and the day the revocation period expires as two separate dates on the draft. Show those dates in plain words on the draft.
What to put on the draft release today
On the draft release, write the date the consideration period starts and the date the 7-day revocation period would end. The consideration period runs from the date of the employer's final offer, according to Legal Information Institute. Mark that final offer date clearly on the document so the 21-day or 45-day window has a fixed start point. Do not leave the start date blank or approximate it; the regulation ties the window to the specific date of the final offer.
Next, calculate the end date of the 7-day revocation period. This date depends on when the worker signs the release. If the worker signs before the consideration period ends, the 7-day clock starts on the signature date. Write the specific calendar date when the 7-day period expires on the draft. Workers can see exactly when they can no longer revoke the agreement.
Keep the dates distinct. The start date of the consideration period and the end date of the revocation period are two different points in time. Mixing up these dates can cause errors in calculating the worker's decision timeframe. The draft should show both dates clearly so the worker understands the full timeline.
Age-waiver FAQ
Who do these day counts apply to?
They apply to the individual asked to sign the waiver, with 21 days for an individual offer and 45 days when the waiver is part of a group or class exit program.
When is it 21 days and when is it 45?
The consideration period is at least 21 days for individual offers, as stated by the U.S. Equal Employment Opportunity Commission, according to U.S. Equal Employment Opportunity Commission. The period is at least 45 days if a waiver is requested in connection with an exit incentive or other employment termination program offered to a group or class of employees, according to Legal Information Institute.
Can the 7-day revocation period be cut short?
No, the regulation states that the 7-day revocation period cannot be shortened by the parties, by agreement or otherwise, according to Legal Information Institute. This rule is part of the requirements for waivers of rights and claims under the ADEA.
Can the person sign before the consideration period ends?
Yes, an employee may sign a release prior to the end of the 21 or 45-day time period, thereby commencing the mandatory 7-day revocation period, according to Legal Information Institute. This allows the revocation clock to start earlier than the full consideration window would otherwise allow.
Does the Texas page state these day counts?
No, the Texas Workforce Commission page states that age (over 40) is a protected category but does not list the 21-day or 7-day waiver calendar, according to Texas Workforce Commission. The specific day counts for consideration and revocation come from federal sources, not from the Texas state page.