By: HUB’s EB Compliance Team

Despite ongoing enhancements in the sophistication of formal electronic communication, some documents and processes still require the use of physical mail. This often includes the types of communication pieces that are sent by employers to their employees. Every day, employers physically mail various important documents to their employees, including benefits enrollment forms, insurance notices, COBRA election packets, and annual disclosures. In addition, most communications sent by physical mail are subject to various deadlines, whether due to pending events or legislative requirements. In order to adhere to these deadlines, the most common method to determine when something was mailed is to look at the date of the postmark.

But what happens when the United States Postal Service (“Postal Service” or "USPS") changes how it handles postmarks? That's exactly what happened on December 24, 2025, and it's creating new challenges for employers who need to prove that they sent documents on time.

What Changed and Why It Matters

The Postal Service recently added Section 608.11 to the Domestic Mail Manual. This section now formally defines what a postmark is and clarifies what a postmark does and does not mean.

A postmark does not necessarily indicate when something was put in the mail, or, per the new rule, when the Postal Service took possession of a piece of mail. Rather, the postmark signifies the official date that the Postal Service “accepted custody” of a piece of mail. In other words, the postmark signifies the specific point in time when the USPS was in formal possession of the piece of mail at a processing facility, and it notates "the date of the first automated processing operation performed on that mailpiece.”

The new rule was added due to changes in the USPS mail processing system, and the fact that no longer will all items put in the mail be sent to a facility and processed on the same day. The USPS notes that if a customer wants to ensure that a piece of mail receives a postmark on the same day of the mailing, they will have to deliver that piece of mail to a retail location and request a manual postmark at the retail counter when tendering the piece of mail.

Why Postmarks Matter for Employee Benefits Compliance

With the various dates noted above, as well as the date the item is finally received, how should regulators determine whether a required deadline was met? In most cases, they use the postmark date.

Many employee benefits laws use "postmark" as proof that you sent documents on time. For example:

  • COBRA regulations say the initial notice, election notice and notice of unavailability are considered "provided" on the date they are postmarked.
  • COBRA payments sent through mail are considered made on the date they are postmarked.
  • Department of Labor rules often accept postmark dates as proof of timely mailing.
  • State insurance laws may require specific deadlines based on mailing dates.

In summary then, the postmark date is a crucial date to observe for many employer benefit deadlines. And with the new possible “delay” between when a piece of mail is placed in the mailbox and when it gets the postmark, employers may want to consider preparing mailed materials earlier to account for the new possible discrepancy.

Conclusion

The USPS postmark changes provide a good opportunity for employers to review what benefits materials are currently being sent or received via mail, and what materials are being sent or received electronically. For items that are sent or received via mail, they will want to understand their current processes around this, including timing, to ensure that these recent changes do not hinder their compliance with relevant deadlines.

Employers should review their mail-dependent processes now and consider: (1) building additional lead time into mailing schedules for deadline-sensitive documents, (2) requesting manual postmarks at retail locations for time-critical mailings, or (3) transitioning to electronic delivery where legally permissible.

If you have any questions, please contact your HUB Advisor. View more compliance articles in our Compliance Directory.

NOTICE OF DISCLAIMER

Neither HUB International Limited nor any of its affiliated companies is a law or accounting firm, and therefore, they cannot provide legal or tax advice. The information herein is provided for general information only and is not intended to constitute legal or tax advice as to an organization’s or individual's specific circumstances. It is based on HUB International's understanding of the law as it exists on the date of this publication. Subsequent developments may result in this information becoming outdated or incorrect, and HUB International does not have an obligation to update this information. You should consult an attorney, accountant or other legal or tax professional regarding the application of the general information provided here to your organization’s specific situation in light of your or your organization’s particular needs.