82_FR_49052 82 FR 48850 - Agency Information Collection Activities; Comment Request; Information Collections: The Family and Medical Leave Act of 1993, as Amended

82 FR 48850 - Agency Information Collection Activities; Comment Request; Information Collections: The Family and Medical Leave Act of 1993, as Amended

DEPARTMENT OF LABOR
Wage and Hour Division

Federal Register Volume 82, Issue 202 (October 20, 2017)

Page Range48850-48851
FR Document2017-22816

The Department of Labor (DOL) is soliciting comments concerning a proposed extension 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.

Federal Register, Volume 82 Issue 202 (Friday, October 20, 2017)
[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Notices]
[Pages 48850-48851]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22816]


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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.

-----------------------------------------------------------------------

SUMMARY: The Department of Labor (DOL) is soliciting comments 
concerning a proposed extension 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.

DATES: Written comments must be submitted to the office listed in the 
ADDRESSES section below on or before December 19, 2017.

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.

[[Page 48851]]


FOR FURTHER INFORMATION CONTACT: Melissa Smith, Director, 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 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 extension of this information collection in order to ensure 
effective administration of the Family and Medical Leave Act of 1993, 
As Amended.
    Type of Review: Extension.
    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: 79,357,654.
    Estimated Total Burden Hours: 8,973,602.
    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): $193,532,818.

    Dated: October 12, 2017.
Melissa Smith,
Director, Division of Regulations, Legislation and Interpretation.
[FR Doc. 2017-22816 Filed 10-19-17; 8:45 am]
 BILLING CODE 4510-27-P



                                                48850                         Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices

                                                enforcement, probation, service                         (CERCLA). The complaint seeks                           DEPARTMENT OF LABOR
                                                providers, and other partners to ensure                 recovery of costs incurred or to be
                                                that non-Indians who commit crimes of                   incurred in connection with the release                 Wage and Hour Division
                                                domestic violence, dating violence, and                 or threatened release of hazardous
                                                violations of protection orders are held                                                                        Agency Information Collection
                                                                                                        substances at the United Scrap Lead
                                                accountable. The Tribal Jurisdiction                                                                            Activities; Comment Request;
                                                                                                        Superfund Site in Concord Township,
                                                Program encourages the coordinated                                                                              Information Collections: The Family
                                                                                                        Miami County, Ohio. Two defendants
                                                involvement of the entire tribal criminal                                                                       and Medical Leave Act of 1993, as
                                                                                                        are parties to the proposed Consent                     Amended
                                                justice system and victim service                       Decree: Ace Iron & Metal Company and
                                                providers to incorporate systemic                                                                               AGENCY: Wage and Hour Division,
                                                                                                        Alan Levine. Ace Iron & Metal Company
                                                change that ensures victim safety and                                                                           Department of Labor.
                                                                                                        and Alan Levine collectively agree to
                                                offender accountability.
                                                                                                        pay $410,000 of the United States’                      ACTION: Notice.
                                                   (5) An estimate of the total number of
                                                respondents and the amount of time                      response costs on an ability-to-pay
                                                                                                                                                                SUMMARY:    The Department of Labor
                                                estimated for an average respondent to                  basis. In return, the United States agrees
                                                                                                                                                                (DOL) is soliciting comments
                                                respond/reply: It is estimated that it will             not to sue the defendants under sections                concerning a proposed extension of the
                                                take the 20 respondents (Tribal                         106 and 107 of CERCLA.                                  information collection request (ICR)
                                                Jurisdiction Program grantees)                             The publication of this notice opens                 titled, ‘‘The Family and Medical Leave
                                                approximately one hour to complete a                    a period for public comment on the                      Act of 1993, As Amended.’’ This
                                                semi-annual progress report. The semi-                  proposed Consent Decree. Comments                       comment request is part of continuing
                                                annual progress report is divided into                  should be addressed to the Assistant                    Departmental efforts to reduce
                                                sections that pertain to the different                  Attorney General, Environment and                       paperwork and respondent burden in
                                                types of activities that grantees may                   Natural Resources Division, and should                  accordance with the Paperwork
                                                engage in (i.e. victim services, training,              refer to United States v. The Atlas-                    Reduction Act of 1995 (PRA).
                                                prosecutions, law enforcement                           Lederer Company, et al., D.J. Ref. No.                     This program helps to ensure that
                                                activities) and grantees will be expected               90–11–3–279B. All comments must be                      requested data can be provided in the
                                                to provide information only in                                                                                  desired format, reporting burden (time
                                                                                                        submitted no later than thirty (30) days
                                                connection with those activities                                                                                and financial resources) is minimized,
                                                                                                        after the publication date of this notice.
                                                supported by OVW funding.                                                                                       collection instruments are clearly
                                                   (6) An estimate of the total public                  Comments may be submitted either by
                                                                                                                                                                understood, and the impact of collection
                                                burden (in hours) associated with the                   email or by mail:
                                                                                                                                                                requirements on respondents can be
                                                collection: The total annual hour burden                                                                        properly assessed. A copy of the
                                                to complete the annual progress report                  To submit            Send them to:                      proposed information request can be
                                                                                                        comments:
                                                is 40 hours.                                                                                                    obtained by contacting the office listed
                                                   If additional information is required                By email .......     pubcomment-ees.enrd@               below in the FOR FURTHER INFORMATION
                                                contact: Melody Braswell, Deputy                                               usdoj.gov.                       CONTACT section of this Notice.
                                                Clearance Officer, United States                        By mail .........    Assistant Attorney General,        DATES: Written comments must be
                                                Department of Justice, Justice                                                 U.S. DOJ—ENRD, P.O.              submitted to the office listed in the
                                                Management Division, Policy and                                                Box 7611, Washington, DC
                                                                                                                                                                ADDRESSES section below on or before
                                                Planning Staff, Two Constitution                                               20044–7611.
                                                                                                                                                                December 19, 2017.
                                                Square, 145 N Street NE., 3E, 405B,
                                                                                                                                                                ADDRESSES: You may submit comments
                                                Washington, DC 20530.                                     During the public comment period,                     identified by Control Number 1235–
                                                  Dated: October 17, 2017.                              the proposed Consent Decree may be                      0003, by either one of the following
                                                Melody Braswell,                                        examined and downloaded at this                         methods: Email: WHDPRAComments@
                                                Department Clearance Officer, PRA, U.S.                 Justice Department Web site: https://                   dol.gov; Mail, Hand Delivery, Courier:
                                                Department of Justice.                                  www.justice.gov/enrd/consent-decrees.                   Division of Regulations, Legislation, and
                                                [FR Doc. 2017–22762 Filed 10–19–17; 8:45 am]            We will provide a paper copy of the                     Interpretation, Wage and Hour, U.S.
                                                BILLING CODE 4410–FX–P                                  proposed Consent Decree upon written                    Department of Labor, Room S–3502, 200
                                                                                                        request and payment of reproduction                     Constitution Avenue NW., Washington,
                                                                                                        costs. Please mail your request and                     DC 20210. Instructions: Please submit
                                                DEPARTMENT OF JUSTICE                                   payment to: Consent Decree Library,                     one copy of your comments by only one
                                                                                                        U.S. DOJ—ENRD, P.O. Box 7611,                           method. All submissions received must
                                                Notice of Lodging of Proposed                                                                                   include the agency name and Control
                                                                                                        Washington, DC 20044–7611.
                                                Consent Decree Under the                                                                                        Number identified above for this
                                                Comprehensive Environmental                               Please enclose a check or money order
                                                                                                        for $5.25 (25 cents per page                            information collection. Because we
                                                Response, Compensation, and Liability                                                                           continue to experience delays in
                                                Act                                                     reproduction cost) payable to the United
                                                                                                                                                                receiving mail in the Washington, DC
                                                                                                        States Treasury.
                                                  On October 5, 2017, the Department                                                                            area, commenters are strongly
                                                of Justice lodged a proposed Consent                    Randall M. Stone,                                       encouraged to transmit their comments
                                                Decree with the United States District                  Acting Assistant Section Chief,                         electronically via email or to submit
                                                                                                                                                                them by mail early. Comments,
srobinson on DSKBC5CHB2PROD with NOTICES




                                                Court for the Southern District of Ohio                 Environmental Enforcement Section,
                                                in the lawsuit entitled United States v.                Environment and Natural Resources Division.             including any personal information
                                                The Atlas-Lederer Company, et al., Civil                [FR Doc. 2017–22778 Filed 10–19–17; 8:45 am]            provided, become a matter of public
                                                Action No. 3: 91–CV–309.                                BILLING CODE 4410–15–P
                                                                                                                                                                record. They will also be summarized
                                                  The United States filed this lawsuit                                                                          and/or included in the request for Office
                                                under the Comprehensive                                                                                         of Management and Budget (OMB)
                                                Environmental Response,                                                                                         approval of the information collection
                                                Compensation, and Liability Act                                                                                 request.


                                           VerDate Sep<11>2014   16:22 Oct 19, 2017   Jkt 244001   PO 00000   Frm 00065     Fmt 4703   Sfmt 4703   E:\FR\FM\20OCN1.SGM   20OCN1


                                                                              Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices                                               48851

                                                FOR FURTHER INFORMATION CONTACT:                        member’s serious health condition to                  extension of this information collection
                                                Melissa Smith, Director, Division of                    satisfy the statutory requirement to                  in order to ensure effective
                                                Regulations, Legislation, and                           furnish, upon the employer’s request,                 administration of the Family and
                                                Interpretation, Wage and Hour Division,                 appropriate certification (including a                Medical Leave Act of 1993, As
                                                U.S. Department of Labor, Room                          second or third opinion and                           Amended.
                                                S–3502, 200 Constitution Avenue NW.,                    recertification) to support the need for                Type of Review: Extension.
                                                Washington, DC 20210; telephone: (202)                  leave for the family member’s serious                   Agency: Wage and Hour Division.
                                                693–0406 (this is not a toll-free                       health condition. See § 825.305(a). Form                Title: The Family and Medical Leave
                                                number). Copies of this notice may be                   WH–381 allows an employer to satisfy                  Act of 1993, As Amended.
                                                obtained in alternative formats (Large                  the regulatory requirement to provide                   OMB Control Number: 1235–0003.
                                                Print, Braille, Audio Tape, or Disc),                   employees taking FMLA leave with                        Affected Public: Business or other for-
                                                upon request, by calling (202) 693–0023                 written notice detailing specific                     profit, Not-for-profit institutions, Farms,
                                                (not a toll-free number). TTY/TTD                       expectations and obligations of the                   State, Local, or Tribal Government.
                                                callers may dial toll-free (877) 889–5627               employee and explaining any                             Total Respondents: 6,888,800.
                                                to obtain information or request                        consequences of a failure to meet these                 Total Annual Responses: 79,357,654.
                                                materials in alternative formats.                       obligations. See § 825.300(b) and (c).                  Estimated Total Burden Hours:
                                                                                                        Form WH–382 allows an employer to                     8,973,602.
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        meet its obligation to designate leave as               Estimated Time per Response: Varies
                                                   I. Background: The Family and
                                                                                                        FMLA-qualifying. See § 825.301(a).                    with type of request (1.25–20 minutes):
                                                Medical Leave Act of 1993 (FMLA), 29
                                                                                                        Form WH–384 allows an employee                          Frequency: On occasion.
                                                U.S.C. 2601, requires private sector                                                                            Total Burden Cost (capital/startup):
                                                employers who employ 50 or more                         requesting FMLA leave based on a
                                                                                                        qualifying exigency to satisfy the                    $0.
                                                employees, all public and private                                                                               Total Burden Cost (operation/
                                                elementary schools, and all public                      statutory requirement to furnish, upon
                                                                                                        the employer’s request, appropriate                   maintenance): $193,532,818.
                                                agencies to provide up to 12 weeks of
                                                unpaid, job-protected leave during any                  certification to support leave for a                    Dated: October 12, 2017.
                                                                                                        qualifying exigency. See § 825.309.                   Melissa Smith,
                                                12-month period to eligible employees
                                                                                                        Form WH–385 allows an employee                        Director, Division of Regulations, Legislation
                                                for certain family and medical reasons
                                                                                                        requesting FMLA leave based on an                     and Interpretation.
                                                for birth of a son or daughter and to care
                                                                                                        active duty covered servicemember’s
                                                for the newborn child; for placement                                                                          [FR Doc. 2017–22816 Filed 10–19–17; 8:45 am]
                                                                                                        serious injury or illness to satisfy the
                                                with the employee of a son or daughter                                                                        BILLING CODE 4510–27–P
                                                                                                        statutory requirement to furnish, upon
                                                for adoption or foster care; to care for
                                                                                                        the employer’s request, a medical
                                                the employee’s spouse, son, daughter, or
                                                                                                        certification from an authorized health               DEPARTMENT OF LABOR
                                                parent with a serious health condition;
                                                                                                        care provider. See § 825.310. Form WH–
                                                because of a serious health condition
                                                                                                        385–V allows an employee requesting                   Office of Workers’ Compensation
                                                that makes the employee unable to
                                                                                                        leave based on a veteran’s serious injury             Programs
                                                perform the functions of the employee’s
                                                                                                        or illness to satisfy the statutory
                                                job; and to address qualifying exigencies
                                                                                                        requirement to furnish, upon the                      Advisory Board on Toxic Substances
                                                arising out of the deployment of the
                                                                                                        employer’s request, a medical                         and Worker Health
                                                employee’s spouse, son, daughter, or
                                                                                                        certification from an authorized health
                                                parent to covered active duty in the                                                                          AGENCY:  Office of Workers’
                                                                                                        care provider. See § 825.310.
                                                military), and up to 26 weeks of unpaid,                  II. Review Focus: The Department of                 Compensation Programs.
                                                job protected leave during a single 12-                 Labor is particularly interested in                   ACTION: Announcement of meeting of
                                                month period to care for a covered                      comments which:                                       the Advisory Board on Toxic Substances
                                                servicemember with a serious injury or                    • Evaluate whether the proposed                     and Worker Health (Advisory Board) for
                                                illness who is the spouse, son, daughter,               collection of information is necessary                the Energy Employees Occupational
                                                parent, or next of kin to the employee.                 for the proper performance of the                     Illness Compensation Program Act
                                                   The Wage Hour Division (WHD)                         functions of the agency, including                    (EEOICPA).
                                                created optional use forms: WHD                         whether the information will have
                                                Publication 1420, WH–380–E, WH–380–                     practical utility;                                    SUMMARY:   The Advisory Board will meet
                                                F, WH–381, WH–382, WH–384, WH–                            • Enhance the quality, utility, and                 November 16–17, 2017, in Santa Fe,
                                                385, and WH–385–V to assist employers                   clarity of the information to be                      New Mexico.
                                                and employees in meeting their FMLA                     collected;                                              Comments, requests to speak,
                                                third-party notification obligations.                     • Evaluate the accuracy of the                      submissions of materials for the record,
                                                WHD Publication 1420 allows                             agency’s estimate of the burden of the                and requests for special
                                                employers to satisfy the general notice                 proposed collection of information,                   accommodations: You must submit
                                                requirement. See § 825.300(a). Form                     including the validity of the                         (postmark, send, transmit) comments,
                                                WH–380–E allows an employee                             methodology and assumptions used;                     requests to address the Advisory Board,
                                                requesting FMLA leave for his or her                      • Minimize the burden of the                        speaker presentations, and requests for
                                                own serious health condition to satisfy                 collection of information on those who                special accommodations for the
                                                the statutory requirement to furnish,                   are to respond, including through the                 meetings by November 9, 2017.
                                                upon the employer’s request,
srobinson on DSKBC5CHB2PROD with NOTICES




                                                                                                        use of appropriate automated,                         ADDRESSES: The Advisory Board will
                                                appropriate certification (including a                  electronic, mechanical, or other                      meet at The Lodge at Santa Fe, 750 N.
                                                second or third opinion and                             technological collection techniques or                St. Francis Dr., Santa Fe, New Mexico
                                                recertification) to support the need for                other forms of information technology,                87501, phone 505–992–5800.
                                                leave for the employee’s own serious                    e.g., permitting electronic submissions                 Submission of comments, requests to
                                                health condition. See § 825.305(a). Form                of responses.                                         speak and submissions of materials for
                                                WH–380–F allows an employee                               III. Current Actions: The Department                the record: You may submit comments,
                                                requesting FMLA-leave for a family                      of Labor seeks an approval for the                    materials, and requests to speak at the


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Document Created: 2017-10-20 00:06:43
Document Modified: 2017-10-20 00:06:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesWritten comments must be submitted to the office listed in the
ContactMelissa Smith, Director, 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.
FR Citation82 FR 48850 

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