[Federal Register Volume 85, Number 53 (Wednesday, March 18, 2020)]
[Notices]
[Pages 15502-15503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05613]
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DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; The Family and Medical Leave Act of 1993, as
Amended
ACTION: Notice of availability; request for comments.
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SUMMARY: The Department of Labor (DOL) is submitting this Wage and Hour
Division (WHD)-sponsored information collection request (ICR) to the
Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act of 1995 (PRA). Public
comments on the ICR are invited.
DATES: The OMB will consider all written comments that agency receives
on or before April 17, 2020.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
Comments are invited on: (1) Whether the collection of information
is necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility; (2) if the information will be processed and used in a timely
manner; (3) the accuracy of the agency's estimates of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (4) ways to enhance the quality,
utility and clarity of the information collection; and (5) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
FOR FURTHER INFORMATION CONTACT: Frederick Licari by telephone at 202-
693-8073, TTY 202-693-8064, (these are not toll-free numbers) or by
email at [email protected].
SUPPLEMENTARY INFORMATION: The Family and Medical Leave Act of 1993
(FMLA), 29 U.S.C. 2601, requires private sector employers who employ 50
or more employees, all public and private elementary schools, and all
public agencies to provide up to 12 weeks of unpaid, job-protected
leave during any 12-month period to eligible employees for certain
family and medical reasons (for birth of a son or daughter and to care
for the newborn child; for placement with the employee of a son or
daughter for adoption or foster care; to care for the employee's
spouse, son, daughter, or parent with a serious health condition;
because of a serious health condition that makes the employee unable to
perform the functions of the employee's job; and to address qualifying
exigencies arising out of the deployment of the employee's spouse, son,
daughter, or parent to covered active duty in the military), and up to
26 weeks of unpaid, job protected leave during a single 12-month period
to care for a covered servicemember with a serious injury or illness
who is the spouse, son, daughter, parent, or next of kin to the
employee.
WHD created optional use forms: WHD Publication 1420, WH-380-E, WH-
380-F, WH-381, WH-382, WH-384, WH-385, and WH-385-V to assist employers
and employees in meeting their FMLA third-party notification
obligations. WHD Publication 1420 allows employers to satisfy the
general notice requirement. See Sec. 825.300(a). Form WH-380-E allows
an employee requesting FMLA leave for his or her own serious health
condition to satisfy the statutory requirement to furnish, upon the
employer's request, appropriate certification (including a second or
third opinion and recertification) to support the need for leave for
the employee's own serious health condition. See Sec. 825.305(a). Form
WH-380-F allows an employee requesting FMLA leave for a family member's
serious health condition to satisfy the statutory requirement to
furnish, upon the employer's request, appropriate certification
(including a second or third opinion and recertification) to support
the need for leave for the family member's serious health condition.
See Sec. 825.305(a). Form WH-381 allows an employer to satisfy the
regulatory requirement to provide employees taking FMLA leave with
written notice detailing specific expectations and obligations of the
employee and explaining any consequences of a failure to meet these
obligations. See Sec. 825.300(b) and (c). Form WH-382 allows an
employer to meet its obligation to designate leave as FMLA-qualifying.
See Sec. 825.301(a). Form WH-384 allows an employee requesting FMLA
leave based on a qualifying exigency to satisfy the statutory
requirement to furnish, upon the employer's request, appropriate
certification to support leave for a qualifying exigency. See Sec.
825.309. Form WH-385 allows an employee
[[Page 15503]]
requesting FMLA leave based on an active duty covered servicemember's
serious injury or illness to satisfy the statutory requirement to
furnish, upon the employer's request, a medical certification from an
authorized health care provider. See Sec. 825.310. Form WH-385-V
allows an employee requesting leave based on a veteran's serious injury
or illness to satisfy the statutory requirement to furnish, upon the
employer's request, a medical certification from an authorized health
care provider. For additional substantive information about this ICR,
see the related notice published in the Federal Register on August 5,
2019 (84 FR 38061).
This information collection is subject to the PRA. A Federal agency
generally cannot conduct or sponsor a collection of information, and
the public is generally not required to respond to an information
collection, unless the OMB approves it and displays a currently valid
OMB Control Number. In addition, notwithstanding any other provisions
of law, no person shall generally be subject to penalty for failing to
comply with a collection of information that does not display a valid
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this information collection for
three (3) years. OMB authorization for an ICR cannot be for more than
three (3) years without renewal. The DOL notes that information
collection requirements submitted to the OMB for existing ICRs receive
a month-to-month extension while they undergo review.
Agency: DOL-WHD.
Title of Collection: The Family and Medical Leave Act of 1993, As
Amended.
OMB Control Number: 1235-0003.
Affected Public: Businesses or other for-profits, not-for-profit
institutions, Farms, State, Local, or Tribal Government.
Total Estimated Number of Respondents: 6,888,800.
Total Estimated Number of Responses: 79,357,736.
Total Estimated Annual Time Burden: 8,307,116 hours.
Total Estimated Annual Other Costs Burden: $185,726,276.
Authority: 44 U.S.C. 3507(a)(1)(D).
Dated: March 12, 2020.
Frederick Licari,
Departmental Clearance Officer.
[FR Doc. 2020-05613 Filed 3-17-20; 8:45 am]
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