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)

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, 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.

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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