Section 1614.604 - Filing and computation of time(a) All time periods in this part that are stated in terms of days are calendar days unless otherwise stated.(b) A document shall be deemed timely if it is received or postmarked before the expiration of the applicable filing period, or, in the absence of a legible postmark, if it is received by mail within five days of the expiration of the applicable filing period.(c) A hearing request, appeal, brief, or other document filed by a complainant using the EEOC Public Portal, or filed by an agency using FedSEP, shall be deemed filed on the date the document is uploaded to the Public Portal or FedSEP. The timeliness of documents submitted through the Public Portal and FedSEP will be determined based on the time zone from which the document was submitted.(d) An EEOC decision that is transmitted to a complainant through the Public Portal or by email shall be deemed to be received when the decision is accessed on the Portal or when received if transmitted via email, or within five days of when the decision is uploaded to the Portal or emailed, whichever occurs first.(e) For the purposes of §§ 1614.108 , 1614.109 , 1614.204(i) , and 1614.401 through 1614.405 , the terms accept, file,filed, filing,issue, issuance,issuing, notify,notified, receive,receipt, send,serve, served,service, submit,submission, submitted,transmit, and transmitted, shall include digital transmissions made through FedSEP, the EEOC Public Portal, or by email.(f) The time limits in this part are subject to waiver, estoppel and equitable tolling.(g) The first day counted shall be the day after the event from which the time period begins to run and the last day of the period shall be included, unless it falls on a Saturday, Sunday or Federal holiday, in which case the period shall be extended to include the next business day.57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37661, July 12, 1999; 88 FR 57881 , Aug. 24, 2023