[Federal Register Volume 85, Number 53 (Wednesday, March 18, 2020)]
[Notices]
[Pages 15502-15503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05613]


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DEPARTMENT OF LABOR

Office of the Secretary


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

ACTION: Notice of availability; request for comments.

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SUMMARY: The Department of Labor (DOL) is submitting this Wage and Hour 
Division (WHD)-sponsored 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 (PRA). Public 
comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before April 17, 2020.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
    Comments are invited on: (1) Whether the collection of information 
is necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility; (2) if the information will be processed and used in a timely 
manner; (3) the accuracy of the agency's estimates of the burden and 
cost of the collection of information, including the validity of the 
methodology and assumptions used; (4) ways to enhance the quality, 
utility and clarity of the information collection; and (5) ways to 
minimize the burden of the collection of information on those who are 
to respond, including the use of automated collection techniques or 
other forms of information technology.

FOR FURTHER INFORMATION CONTACT: Frederick Licari by telephone at 202-
693-8073, TTY 202-693-8064, (these are not toll-free numbers) or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: The Family and Medical Leave Act of 1993 
(FMLA), 29 U.S.C. 2601, requires private sector employers who employ 50 
or more employees, all public and private elementary schools, and all 
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 (for birth of a son or daughter and to care 
for the newborn child; for placement with the employee of a son or 
daughter for adoption or foster care; to care for the employee's 
spouse, son, daughter, or parent with a serious health condition; 
because of a serious health condition that makes the employee unable to 
perform the functions of the employee's job; and to address qualifying 
exigencies arising out of the deployment of the employee's spouse, son, 
daughter, or parent to covered active duty in the military), and up to 
26 weeks of unpaid, job protected leave during a single 12-month period 
to care for a covered servicemember with a serious injury or illness 
who is the spouse, son, daughter, parent, or next of kin to the 
employee.
    WHD created optional use forms: WHD Publication 1420, WH-380-E, WH-
380-F, WH-381, WH-382, WH-384, WH-385, and WH-385-V to assist employers 
and employees in meeting their FMLA third-party notification 
obligations. WHD Publication 1420 allows employers to satisfy the 
general notice requirement. See Sec.  825.300(a). Form WH-380-E allows 
an employee requesting FMLA leave for his or her own serious health 
condition to satisfy the statutory requirement to furnish, upon the 
employer's request, appropriate certification (including a second or 
third opinion and recertification) to support the need for leave for 
the employee's own serious health condition. See Sec.  825.305(a). Form 
WH-380-F allows an employee requesting FMLA leave for a family member's 
serious health condition to satisfy the statutory requirement to 
furnish, upon the employer's request, appropriate certification 
(including a second or third opinion and recertification) to support 
the need for leave for the family member's serious health condition. 
See Sec.  825.305(a). Form WH-381 allows an employer to satisfy the 
regulatory requirement to provide employees taking FMLA leave with 
written notice detailing specific expectations and obligations of the 
employee and explaining any consequences of a failure to meet these 
obligations. See Sec.  825.300(b) and (c). Form WH-382 allows an 
employer to meet its obligation to designate leave as FMLA-qualifying. 
See Sec.  825.301(a). Form WH-384 allows an employee requesting FMLA 
leave based on a qualifying exigency to satisfy the statutory 
requirement to furnish, upon the employer's request, appropriate 
certification to support leave for a qualifying exigency. See Sec.  
825.309. Form WH-385 allows an employee

[[Page 15503]]

requesting FMLA leave based on an active duty covered servicemember's 
serious injury or illness to satisfy the statutory requirement to 
furnish, upon the employer's request, a medical certification from an 
authorized health care provider. See Sec.  825.310. Form WH-385-V 
allows an employee requesting leave based on a veteran's serious injury 
or illness to satisfy the statutory requirement to furnish, upon the 
employer's request, a medical certification from an authorized health 
care provider. For additional substantive information about this ICR, 
see the related notice published in the Federal Register on August 5, 
2019 (84 FR 38061).
    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 the OMB approves it 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 
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
    DOL seeks PRA authorization for this information collection for 
three (3) years. OMB authorization for an ICR cannot be for more than 
three (3) years without renewal. The DOL notes that information 
collection requirements submitted to the OMB for existing ICRs receive 
a month-to-month extension while they undergo review.
    Agency: DOL-WHD.
    Title of Collection: The Family and Medical Leave Act of 1993, As 
Amended.
    OMB Control Number: 1235-0003.
    Affected Public: Businesses or other for-profits, not-for-profit 
institutions, Farms, State, Local, or Tribal Government.
    Total Estimated Number of Respondents: 6,888,800.
    Total Estimated Number of Responses: 79,357,736.
    Total Estimated Annual Time Burden: 8,307,116 hours.
    Total Estimated Annual Other Costs Burden: $185,726,276.

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

    Dated: March 12, 2020.
Frederick Licari,
Departmental Clearance Officer.
[FR Doc. 2020-05613 Filed 3-17-20; 8:45 am]
 BILLING CODE 4510-27-P