[Federal Register Volume 68, Number 117 (Wednesday, June 18, 2003)]
[Notices]
[Pages 36584-36585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15342]


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DEPARTMENT OF LABOR

Office of the Secretary


Submission for OMB Review; Comment Request

June 5, 2003.
    The Department of Labor (DOL) has submitted the following public 
information collection request (ICR) to the Office of Management and 
Budget (OMB) for review and approval in accordance with the Paperwork 
Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). A copy of 
this ICR, with applicable supporting documentation, may be obtained by 
calling the Department of Labor. To obtain documentation, contact 
Darrin King on 202-693-4129 (this is not a toll-free number) or E-Mail: 
[email protected].
    Comments should be sent to Office of Information and Regulatory 
Affairs, Attn: OMB Desk Officer for the Employment Standards 
Administration, Office of Management and Budget, Room 10235, 
Washington, DC 20503 (202-395-7316 / this is not a toll-free number), 
within 30 days from the date of this publication in the Federal 
Register.
    The OMB 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 submission of responses.
    Agency: Employment Standards Administration (ESA).
    Type of Review: Extension of a currently approved collection.
    Title: 29 CFR Part 825, The Family and Medical Leave Act of 1993.
    OMB Number: 1215-0181.
    Frequency: On occasion.
    Type of Response: Recordkeeping and third party disclosure.
    Affected Public: Individuals or households; business or other for-
profit; Not-for-profit institutions; farms; Federal Government; and 
State, Local, or Tribal Government.
    Number of Respondents: 6,655,000.

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                                                                      Annual          Average      Annual burden
               Information collection requirement                    responses     response time       hours
----------------------------------------------------------------------------------------------------------------
Employee Notice of Need for FMLA Leave..........................       4,150,000            0.02          69,167
Notice to Employees of FMLA Rights-- WH-381: Providing Guidance          388,000            0.17          64,667
    Providing Written Notice to Employees.......................       4,150,000            0.08         345,833
Medical Certifications and Recertifications (Serious Health
 Condition)--WH-380:
    Medical Certifications--Initial.............................       1,660,000            0.33         553,333
    Medical Certifications--Additional..........................         166,000            0.33          55,333
    Medical Recertifications....................................          83,000            0.33          27,667
Fitness-for-Duty Medical Certifications.........................         207,500            0.17          34,583
Notice to Employees of Change 12-Month Period for Determining             38,800            0.17           6,467
 FMLA Entitlement...............................................
Key Employee Notification:
    First Notice................................................          41,500            0.08           3,458
    Second Notice...............................................          20,750            0.08           1,729
Recordkeeping...................................................       4,150,000            0.05         207,500
                                                                 =================
        Total...................................................      15,055,550  ..............       1,369,737
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    Total Annualized capital/startup costs: $0.
    Total annual costs (operating/maintaining systems or purchasing 
services): $0.
    Description: 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 period to eligible employees 
for certain family and medical reasons.

[[Page 36585]]

This ICR contains recordkeeping and notification requirements 
associated with the Act and implementing regulations 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.
    The Department of Labor seeks OMB 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.

Ira L. Mills,
Departmental Clearance Officer.
[FR Doc. 03-15342 Filed 6-17-03; 8:45 am]
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