[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Notices]
[Pages 10162-10163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03568]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Family and Medical Leave Act of 1993, as 
Amended

ACTION: Notice.

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[[Page 10163]]

SUMMARY: The Department of Labor (DOL) is submitting the Wage and Hour 
Division (WHD) sponsored information collection request (ICR) revision 
titled, ``Family and Medical Leave Act of 1993, As Amended,'' (FMLA) to 
the Office of Management and Budget (OMB) for review and approval for 
use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 
U.S.C. 3501 et seq.). Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before March 27, 2015.

ADDRESSES: A copy of this ICR with applicable supporting documentation; 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden may be obtained free of charge 
from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201410-1235-004 (this link will only become active 
on the day following publication of this notice) or by contacting 
Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are 
not toll-free numbers) or sending an email to [email protected].
    Submit comments about this request by mail or courier to the Office 
of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-
WHD, Office of Management and Budget, Room 10235, 725 17th Street NW., 
Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free 
number); or by email: [email protected]. Commenters are 
encouraged, but not required, to send a courtesy copy of any comments 
by mail or courier to the U.S. Department of Labor-OASAM, Office of the 
Chief Information Officer, Attn: Departmental Information Compliance 
Management Program, Room N1301, 200 Constitution Avenue NW., 
Washington, DC 20210; or by email: [email protected].

FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202-693-
4129, TTY 202-693-8064, (these are not toll-free numbers) or sending an 
email to [email protected].

    Authority:  44 U.S.C. 3507(a)(1)(D).

SUPPLEMENTARY INFORMATION: This ICR seeks approval under the PRA for 
revisions to the FMLA information collection approval resulting from a 
Final Rule the Department is publishing elsewhere in today's issuance 
of the Federal Register and because of minor clarifications to certain 
disclosures the Department makes on certain forms to respondents. The 
notification requirements approved by this ICR will implement the 
FMLA's statutory notice and certification provisions and assist 
employees and employers in meeting their FMLA notification obligations. 
The recordkeeping requirements covered by this ICR are necessary in 
order for the DOL to carry out its statutory obligation under FMLA 
section 106 (29 U.S.C. 2616) to investigate and ensure employer 
compliance.
    Elsewhere is today's issuance of the Federal Register, the DOL has 
published a Final Rule that amends the FMLA definition of spouse in 
light of the United States Supreme Court's decision in United States v. 
Windsor, 133 S. Ct. 2675 (2013) that found Defense of Marriage Act 
section 3 (1 U.S.C. 7) to be unconstitutional. This ICR revises the 
paperwork burden estimates to reflect the rule. In addition, the WHD 
has made minor clarifications to some of the information on the forms 
(e.g., adding information that certain records may need to be 
maintained in accordance with regulations issued to implement the 
Genetic Information Nondiscrimination Act). FMLA section 404 authorizes 
this information collection. See 29 U.S.C. 2654.
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless it is approved by the OMB under the PRA and displays 
a currently valid OMB Control Number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
penalty for failing to comply with a collection of information that 
does not display a valid Control Number. See 5 CFR 1320.5(a) and 
1320.6. The DOL obtains OMB approval for this information collection 
under Control Number 1235-0003. The current approval is scheduled to 
expire on February 28, 2015; however, the DOL notes that existing 
information collection requirements submitted to the OMB receive a 
month-to-month extension while they undergo review. New information 
collection requirements would only take effect upon OMB approval or 
when the Final Rule takes effect, whichever is later. For additional 
substantive information about this ICR, see the related notice 
published in the Federal Register on November 11, 2014 (78 FR 54299).
    Interested parties are encouraged to send comments regarding the 
ICR to the OMB, Office of Information and Regulatory Affairs at the 
address shown in the ADDRESSES section within thirty (30) days of 
publication of this notice in the Federal Register. In order to help 
ensure appropriate consideration, comments should mention OMB Control 
Number 1235-0003. The OMB is particularly interested in comments that:
     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 submission of responses.
    Agency: DOL-WHD.
    Title of Collection: Family and Medical Leave Act of 1993, As 
Amended.
    OMB Control Number: 1235-0003.
    Affected Public: Individuals or Households; State, Local, and 
Tribal Governments; Private Sector--businesses or other for-profits, 
farms, and not-for-profit institutions.
    Total Estimated Number of Respondents: 7,182,916.
    Total Estimated Number of Responses: 82,371,724.
    Total Estimated Annual Time Burden: 9,313,502 hours.
    Total Estimated Annual Other Costs Burden: $184,932,912.

    Dated: February 18, 2015.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2015-03568 Filed 2-23-15; 11:15 am]
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