Why does my severance agreement give me 21 days if I'm under 40?

Where the 21 days come from

Two different laws use the same numbers, which is why the language shows up in so many agreements.

• Federal law, for workers 40 and older. A release of age discrimination claims must give at least 21 days to consider (45 in a group layoff) and 7 days to revoke (29 U.S.C. § 626(f)(1)(F)-(G)). It applies only to people 40 and over.
• Illinois law, at any age. If the agreement includes confidentiality about alleged unlawful employment practices, the Workplace Transparency Act requires 21 calendar days to consider and 7 calendar days to revoke (820 ILCS 96/1-30(a)(5)-(6)). Since January 1, 2026, "unlawful employment practice" covers violations of virtually any state or federal employment law, not just discrimination (820 ILCS 96/1-15).

Some employers also use a single template for every departing employee, so the federal age language can appear in an agreement for someone who is 29. Either way, if your agreement gives you 21 days, use them.

How the two rules differ

	Illinois (any age)	Federal (40 and older)
Time to consider	21 days	21 days, or 45 in a group layoff
Sign early?	Yes, knowingly and voluntarily	Yes, if not pressured
Time to revoke	7 days, can be waived	7 days, cannot be shortened
What triggers it	Confidentiality about workplace violations	A release of age claims

Sources: 820 ILCS 96/1-30(a)(5)-(6); 29 U.S.C. § 626(f)(1)(F)-(G); 29 C.F.R. § 1625.22(e)(5)-(6).

The other Illinois requirements that come with it

The 21 days are only one condition. For confidentiality about alleged unlawful employment practices to be valid, it also has to be your documented preference and good for both sides, follow written notice of your right to have a lawyer review the agreement, come with its own payment separate from what you get for the release, and leave future claims alone. Your employer cannot write in, on its own, that confidentiality was your idea. If a requirement is missing, the confidentiality promise is void, but the rest of the agreement can still stand (820 ILCS 96/1-30). More on that in What changed in the Illinois Workplace Transparency Act in 2026?

What to do with the 21 days

1. Note the date you received the final version, then run our severance deadline calculator.
2. Find the confidentiality clause and check whether it has its own, separate payment.
3. Use the time to have the agreement reviewed. Waiting until day 20 leaves no room to negotiate.

Related: severance review, Is a severance agreement final once I sign it?

This article is for informational purposes only. It may not be fully correct, complete, or current for your situation, and it is not legal advice.

Questions people ask

I'm 32. Why does my severance agreement give me 21 days to decide?

Most likely because it includes confidentiality about workplace complaints. Illinois requires 21 calendar days to consider and 7 days to revoke when a settlement or termination agreement makes alleged unlawful employment practices confidential, whatever your age (820 ILCS 96/1-30(a)(5)-(6)). Some employers also use one template for everyone, including the federal age-waiver language.

Can I sign before the 21 days are up?

Yes. Illinois lets you sign at any time if you knowingly and voluntarily choose to give up the rest of the 21 days (820 ILCS 96/1-30(a)(5)). Don't let anyone pressure you into it.

Can I give up the 7-day revocation period?

Under the Illinois rule, yes, if you do it knowingly and voluntarily (820 ILCS 96/1-30(a)(6)). The federal 7-day revocation period for workers 40 and older is different: it cannot be shortened, by agreement or otherwise (29 C.F.R. § 1625.22(e)(5)).

What if my agreement has confidentiality but no 21 days?

Then the confidentiality promise about alleged unlawful employment practices is void and cut out of the agreement, though the rest of the agreement can still stand (820 ILCS 96/1-30(c)).