[Federal Register Volume 69, Number 39 (Friday, February 27, 2004)]
[Rules and Regulations]
[Page 9382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-418]


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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 27, 2004.

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, email [email protected]. Please 
use only one method of transmission for comments (mail, fax, or email).

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 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. The current PRA authorization for 29 CFR part 
825, The Family and Medical Leave Act of 1993, is scheduled to expire 
on July 31, 2004. DOL is requesting a three year extension of the OMB 
clearance for the current regulations and its information collection 
requirements. However, DOL does anticipate publication of a proposed 
revision to those regulations for public review and comment (68 FR 
72522, December 22, 2003, RIN 1215-AB35) and a final rule prior to the 
expiration of the three year clearance for the current regulations and 
its information collection requirements. DOL will submit for clearance 
a revised information collection request once a proposed rule is 
published.

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 has been met.
    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, Federal government, State, 
local or tribal government.
    Total Respondents: 6.657 million.
    Total Responses: 15.058 million.
    Time per Response: 1 to 20 minutes.
    Frequency: On occasion (recordkeeping, third-party disclosure).
    Estimated Total Burden Hours: 1,370,103.
    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 23, 2004.
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. E4-418 Filed 2-26-04; 8:45 am]
BILLING CODE 4510-27-P