[Federal Register Volume 76, Number 109 (Tuesday, June 7, 2011)]
[Notices]
[Pages 32991-32992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13977]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Wage and Hour Division


Request (ICR) for the Family Medical Leave Act (FMLA) Employee 
and Employer Surveys; Comment Request

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Notice and Extension of comment period.

-----------------------------------------------------------------------

SUMMARY: The Department of Labor (DOL), 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. 3056(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. The 
Wage and Hour Division is soliciting comments concerning its proposal 
to collect information on employees' and employers' experience with 
family and medical leave under the Family and Medical Leave Act (FMLA). 
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 June 17, 2011. The period for 
public comment which was to close on May 31, 2011, will be extended to 
June 17, 2011.

ADDRESSES: You may submit comments identified by ``FMLA Survey'' by 
either one of the following methods: E-mail: [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 ``FMLA Survey'' 
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 e-
mail 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 OMB approval of the 
information collection request.

FOR FURTHER INFORMATION CONTACT: Mary Ziegler, Director, Division of 
Regulations, Legislation, and Interpretation, Wage and Hour, 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 must 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: Given changes in economic conditions and the Family 
and Medical Leave Act (FMLA) regulations since the 2000 employee and 
employer surveys, the Wage and Hour Division of the U.S. Department of 
Labor needs to collect new information on the use and need of FMLA 
leave in order to update DOL's understanding of leave-taking behavior 
and to close current data gaps remaining from the previous surveys. To 
better understand both employees' and employers' experience with FMLA, 
two new surveys will be conducted to collect information about the need 
for and the experience with family and medical leave from employees' 
and employers' perspectives. This study will help the Department by 
providing information on current workplace practices related to family 
and medical leave. An in-depth analysis of private sector FMLA policies 
allows WHD to determine how those policies affect the work-life balance 
of workers and the productivity and work flow of employers. The study 
enables DOL to shape future regulatory options, craft interpretive 
guidance (such as plain language fact sheets), develop compliance 
programs (employer outreach and investigation policies), and establish 
regulatory priorities based on sound, current data rather than on 
outdated data or anecdotal information. Finally, the study provides a 
data set by which DOL can evaluate the effect on employer compliance of 
a range of FMLA activities--regulatory, educational, investigative, and 
legal--on employer compliance.
    Two previous FMLA surveys have been conducted. The first FMLA 
study, in which workers and employers were surveyed to learn about 
family and medical leave policies and their effect on workers and their 
employers, was conducted in 1995 by the bipartisan Commission on Family 
and Medical Leave. The final report on this survey, titled ``A Workable 
Balance: Report to Congress on Family and Medical Leave Policies,'' is 
available online at http://www.dol.gov/whd/fmla/1995Report/family.htm. 
The second study was conducted in 2000 by Westat at the request of the 
Department. The Westat study updated the 1995 data by

[[Page 32992]]

administering employee and employer surveys similar to the 1995 
surveys. The second study entitled ``Balancing the Needs of Families 
and Employers: Family and Medical Leave Surveys, 2000 Update'' is 
available on the Department's Web site at http://www.dol.gov/whd/fmla/toc.htm. An additional source of information came from the Department's 
Request for Information (RFI) issued on December 1, 2006. The RFI asked 
the public to comment on their experiences with, and observations of, 
the Department's administration of the law and the effectiveness of the 
regulations. The qualitative data obtained provided a detailed 
anecdotal picture of the workings of the FMLA. The period for 
conducting this study is expected to last no later than January 14, 
2012.
    II. Desired Focus of Comments: The Department of Labor is 
soliciting comments concerning the above data collection for the FMLA 
Employee and Employer Surveys. Comments are requested 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 DOL is requesting clearance for an 
employer and employee survey focusing on the Family and Medical Leave 
Act of 1993.
    Type of Review: New Information Collection Request.
    Agency: Wage and Hour Division.
    Title: Proposed Information Collection (ICR) for the Family Medical 
Leave Act (FMLA) Employee and Employer Surveys.
    OMB Number: None.
    Affected Public: Private sector, public sector, individuals, and 
households.
    For the FMLA Employee survey:
    Frequency: Once.
    Total Responses: 3,000 Respondents.
    Average Time per Response: 26 minutes.
    Estimated Total Burden Hours: 1,292 hours.
    Total Burden Cost: $0.
    For the FMLA Employer Survey:
    Frequency: Once.
    Total Responses: 1,800 firms.
    Average Time per Response: 36 minutes.
    Estimated Total Burden Hours: 2,164 hours.
    Total Burden Cost: $0
    Note that, due to rounding, the numbers for the totals may differ 
from the sum of the component numbers. Comments submitted in response 
to this request will be summarized and/or included in the request for 
the Office of Management and Budget approval; they will also become a 
matter of public record.

    Dated: June 2, 2011.
Mary Ziegler,
Director, Division of Regulations, Legislation, and Interpretation.
[FR Doc. 2011-13977 Filed 6-6-11; 8:45 am]
BILLING CODE 4510-27-P