[Federal Register Volume 66, Number 249 (Friday, December 28, 2001)]
[Notices]
[Page 67319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31963]


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DEPARTMENT OF LABOR

Employment Standards Administration


Proposed Collection; Comment Request

ACTION: Notice.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. 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. 
Currently, the Employment Standards Administration is soliciting 
comments concerning the following information collection: (1) 29 CFR 
part 825, The Family and Medical Leave Act of 1993.

DATES: Written comments must be submitted to the office listed in the 
addressee section below by February 26, 2002.

ADDRESSES: Ms. Patricia A. Forkel, U.S. Department of Labor, 200 
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone 
(202) 693-0339 (this is not a toll-free number), fax (202) 693-1451, E-
mail: esa.gov">[email protected]esa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The Family and Medical Leave Act of 1993 (FMLA), Public Law 103-3, 
107 Stat. 6, 29 U.S.C. 2601, which became effective on August 5, 1993, 
requires private sector employers of 50 or more employees, and 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. Leave must be granted to eligible employees because of 
the birth of a child and to care for the newborn child, because of 
placement of a child with the employee for adoption or foster care, 
because the employee is needed to care for a family member (child, 
spouse, or parent) with a serious health condition, or because the 
employee's own serious health condition makes the employee unable to 
perform any of the essential functions of his or her job. This 
information collection contains all recordkeeping and notification 
requirements associated with the Act and regulations. Two optional 
forms are included in this information collection request. The 
Certification of Health Care Provider (WH-380) may be used to certify a 
serious health condition under FMLA. The Employer Response to Employee 
Request for Family or Medical Leave (WH-381) may be used by an employer 
to respond to a leave request under FMLA. Both forms are third-party 
notifications and are sent to the employee; they are not submitted to 
the Department of Labor.

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;
    * 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;
    * Enhance the quality, utility and clarity of the information to be 
collected; and
    * 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 approval for the extension of this 
information collection in order to ensure that both employers and 
employees are aware of and can exercise their rights and meet their 
respective obligations under FMLA; and in order for the Department of 
Labor to carry out its statutory obligation under FMLA to investigate 
and ensure employer compliance.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: 29 CR part 825, The Family and Medical Leave Act of 1993.
    OMB Number: 1215-0181.
    Agency Numbers: WH-380, WH-381.
    Affected Public: Individuals or households; Businesses or other 
for-profit; Not-for-profit Institutions; Farms, State, Local or Tribal 
Government.
    Frequency: On occasion (recordkeeping, third-party disclosure).
    Total Respondents: 4.7 million.
    Total Responses: 10.107 million.
    Time per Record: 1 to 10 minutes.
    Estimated Total Burden Hours: 718,529.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $0.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record.

    Dated: December 7, 2001.
Margaret J. Sherrill,
Chief, Branch of Management, Review, and Internal Control, Chief, 
Division of Financial Management, Office of Management, Administration 
and Planning, Employment Standards Administration.
[FR Doc. 01-31963 Filed 12-27-01; 8:45 am]
BILLING CODE 4510-27-P