[Federal Register Volume 84, Number 150 (Monday, August 5, 2019)]
[Notices]
[Pages 38061-38062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16636]
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DEPARTMENT OF LABOR
Wage and Hour Division
Agency Information Collection Activities; Comment Request;
Information Collections: The Family and Medical Leave Act of 1993, As
Amended
AGENCY: Wage and Hour Division, Department of Labor.
ACTION: Notice.
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SUMMARY: The Department of Labor (DOL) is soliciting comments
concerning a proposed revision of the information collection request
(ICR) titled, ``The Family and Medical Leave Act of 1993, As Amended.''
This comment request is part of continuing Departmental efforts to
reduce paperwork and respondent burden in accordance with the Paperwork
Reduction Act of 1995 (PRA).
This program helps to ensure that requested data can be provided in
the desired format, reporting burden (time and financial resources) is
minimized, collection instruments are clearly understood, and the
impact of collection requirements on respondents can be properly
assessed. A copy of the proposed information request can be obtained by
contacting the office listed below in the FOR FURTHER INFORMATION
CONTACT section of this Notice. You may also review the proposed forms
changes at: https://www.dol.gov/whd/fmla/forms2019.htm.
DATES: Written comments must be submitted to the office listed in the
ADDRESSES section below on or before October 4, 2019.
ADDRESSES: You may submit comments identified by Control Number 1235-
0003, by either one of the following methods: Email:
[email protected]; Mail, Hand Delivery, Courier: Division of
Regulations, Legislation, and Interpretation, Wage and Hour, U.S.
Department of Labor, Room S-3502, 200 Constitution Avenue NW,
Washington, DC 20210. Instructions: Please submit one copy of your
comments by only one method. All submissions received must include the
agency name and Control Number identified above for this information
collection. Because we continue to experience delays in receiving mail
in the Washington, DC area, commenters are strongly encouraged to
transmit their comments electronically via email or to submit them by
mail early. Comments, including any personal information provided,
become a matter of public record. They will also be summarized and/or
included in the request for Office of Management and Budget (OMB)
approval of the information collection request.
FOR FURTHER INFORMATION CONTACT: Robert Waterman, Division of
Regulations, Legislation, and Interpretation, Wage and Hour Division,
U.S. Department of Labor, Room S-3502, 200 Constitution Avenue NW,
Washington, DC 20210; telephone: (202) 693-0406 (this is not a toll-
free number). Copies of this notice may be obtained in alternative
formats (Large Print, Braille, Audio Tape, or Disc), upon request, by
calling (202) 693-0023 (not a toll-free number). TTY/TTD callers may
dial toll-free (877) 889-5627 to obtain information or request
materials in alternative formats.
SUPPLEMENTARY INFORMATION:
I. Background: 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.
The Wage Hour Division (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
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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 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. See Sec. 825.310.
II. Review Focus: The Department of Labor is particularly
interested in comments which:
Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
Enhance the quality, utility, and clarity of the
information to be collected;
Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submissions of responses.
III. Current Actions: The Department of Labor seeks an approval for
the revision of this information collection in order to ensure
effective administration of the Family and Medical Leave Act of 1993,
As Amended.
Type of Review: Revision.
Agency: Wage and Hour Division.
Title: The Family and Medical Leave Act of 1993, As Amended.
OMB Control Number: 1235-0003.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Farms, State, Local, or Tribal Government.
Total Respondents: 6,888,800.
Total Annual Responses: 79,357,763.
Estimated Total Burden Hours: 8,307,116.
Estimated Time per Response: Varies with type of request (1.25-20
minutes):
Frequency: On occasion.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operation/maintenance): $218,144,866.
Dated: July 30, 2019.
Robert M. Waterman,
Division of Regulations, Legislation and Interpretation.
[FR Doc. 2019-16636 Filed 8-2-19; 8:45 am]
BILLING CODE 4510-27-P