[Federal Register Volume 68, Number 30 (Thursday, February 13, 2003)]
[Notices]
[Pages 7393-7394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3558]


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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 proposed collection: 29 CFR part 825, The 
Family and Medical Leave Act of 1993. A copy of the proposed 
information collection request can be obtained by contacting the office 
listed below in the addresses section of this Notice.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before April 14, 2003.

ADDRESSES: Ms. Hazel M. Bell, U.S. Department of Labor, 200 
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone 
(202) 693-0418, fax (202) 693-1451, E-mail esa.gov">[email protected]esa.gov. 
Please use only one method of transmission for comments (mail, fax, or 
E-mail).

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 13 weeks of unpaid, job-protected leave 
during any 12-month

[[Page 7394]]

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 the 
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 function of his or her job. This 
information collection contains recordkeeping and notification 
requirements associated with the Act and regulations. Implementing 
regulations are found at 29 CFR Part 825. Two optional forms are 
included in this information collection request. The WH-380, 
Certification of Health Care Provider, may be used to certify a serious 
health condition under FMLA. The WH-381, Employer Response to Employee 
Request for Family or Medical Leave 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. This information collection is currently 
approved for use through July 31, 2003.

II. Review Focus

    The Department of Labor is particularly interested in comments 
which:
    [sbull] 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;
    [sbull] 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;
    [sbull] Enhance the quality, utility and clarity of the information 
to be collected; and
    [sbull] 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 have been met. Since OMB extended the 
expiration dates of the forms in July 2002, the Department has 
initiated a review of FMLA's implementing regulations to address issues 
raised by the U.S. Supreme Court in Ragsdale v. Wolverine World Wide, 
Inc., 122 S. CT 1155 (2002), and decisions of other courts.
    The Department expects to revise Forms WH-380 and WH-381, and these 
forms also may need to reflect changes that may be proposed to the FMLA 
regulations. The Department is requesting a one-year extension on the 
expiration date to the ICR. There is no change in the substance or 
method of collection since the last OMB approval.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: 29 CFR Part 825, The Family and Medical Leave Act of 1993.
    OMB Number: 1215-0181.
    Agency Number: WH-380, WH-381.
    Affected Public: Individuals or household, Business or other for-
profit, Not-for-profit institutions, Farms, State, Local or Tribal 
Government.
    Total Respondents: 6.655 million.
    Total Responses: 15.056 million.
    Time per Response: 1 to 20 minutes.
    Frequency: On Occasion (Recordkeeping, Third-Party Disclosure).
    Estimated Total Burden Hours: 1,210,654.
    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: February 6, 2003.
Bruce Bohanon,
Chief, Branch of Management Review and Internal Control, Division of 
Financial Management, Office of Management, Administration and 
Planning, Employment Standards Administration.
[FR Doc. 03-3558 Filed 2-12-03; 8:45 am]
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