[Federal Register Volume 87, Number 216 (Wednesday, November 9, 2022)]
[Notices]
[Pages 67718-67719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24386]


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DEPARTMENT OF LABOR

Wage and Hour Division


Agency Information Collection Activities; Comment Request; 
Information Collections: The Family and Medical Leave Act of 1993, as 
Amended

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor (the Department) is soliciting 
comments concerning a proposed extension of the information collection 
request titled, ``The Family and Medical Leave Act of 1993, as 
Amended.'' This comment request is part of continuing Departmental 
efforts to reduce paperwork and respondent burden in accordance with 
the Paperwork Reduction Act of 1995 (PRA). The Department proposes to 
extend the approval of this existing information collection without 
change to existing requirements. The PRA program helps 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. 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 January 9, 2023.

ADDRESSES: You may submit comments identified by Control Number 1235-
0003, by either one of the following methods: Email: 
[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 
Control Number identified above 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 email 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 Office of Management and Budget (OMB) approval of 
the information collection request.

FOR FURTHER INFORMATION CONTACT: Amy DeBisschop, Division of 
Regulations, Legislation, and Interpretation, Wage and Hour Division, 
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). Alternative formats are available upon request by calling 
1-866-487-9243. If you are deaf, hard of hearing, or have a speech 
disability, please dial 7-1-1 to access telecommunications relay 
services.

SUPPLEMENTARY INFORMATION: 
    I. Background: The Family and Medical Leave Act of 1993 (FMLA), 29 
U.S.C. 2601, and its regulations at 29 CFR part 825 require private 
sector employers that 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. Qualifying 
reasons for leave include birth of a child and to bond with the newborn 
child; placement with the employee of a child for adoption or foster 
care; to care for the employee's spouse, child, or parent who has a 
serious health condition; a serious health condition that makes the 
employee unable to perform the functions of the employee's job; 
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 current servicemember or 
veteran with a serious injury or illness who is the spouse, son, 
daughter, parent, or next of kin to the employee.

[[Page 67719]]

    The Wage Hour Division (WHD) created optional use forms for this 
information collection. The General Notice (WHD Publication 1420) 
provides information needed to allow employers to satisfy the general 
notice requirement. See 825.300(a). The Certification of Health Care 
Provider for Employee's Serious Health Condition (Form WH-380-E) allows 
an employee requesting FMLA leave for their 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 825.305(a). The 
Certification of Health Care Provider for Family Member's Serious 
Health Condition (Form WH-380-F) allows an employee requesting FMLA 
leave for a qualifying 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 825.305(a). Notice of 
Eligibility & Rights and Responsibilities (Form WH-381) allows an 
employer to satisfy the regulatory requirement to provide an employee 
who potentially qualifies to take FMLA leave with a notice of whether 
the employee is eligible as defined in 825.110, and written notice 
detailing specific expectations and obligations of the employee and 
explaining any consequences of a failure to meet these obligations. See 
825.300(b) and (c). Designation Notice (Form WH-382) provides a format 
an employer may use to meet its obligation to designate leave as FMLA 
leave. See 825.301(a). Certification of Military Family Leave for 
Qualifying Exigency (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 825.309. 
Certification for Serious Injury or Illness of a Current Servicemember 
for Military Caregiver Leave (Form WH-385) allows an employee 
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 825.310. Finally, Certification 
for Serious Injury or Illness of a Veteran for Military Caregiver Leave 
(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. See 825.310.
    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;
     Enhance the quality, utility, and clarity of the 
information to be collected;
     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; and
     Provide information that could help 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 an approval for 
the extension of this information collection to ensure effective 
administration of the Family and Medical Leave Act of 1993, as Amended.
    Type of Review: Extension.
    Agency: Wage and Hour Division.
    Title: The Family and Medical Leave Act of 1993, as Amended.
    OMB Control Number: 1235-0003.
    Agency Numbers: Forms WH-380-E, WH-380-F, WH-381, WH-382, WH-384, 
WH-385, WH-385-V.
    Affected Public: Private sector, business or other for-profit, not-
for-profit institutions; State, local, or Tribal Governments; Federal 
Government.
    Total Respondents: 19,059,432.
    Total Annual Responses: 73,433,351.
    Estimated Total Burden Hours: 9,907,359.
    Estimated Time per Response: Varies with type of request (1.25-20 
minutes).
    Frequency: On occasion.
    Total Burden Cost: $480,705,058.68.
    Total Burden Cost (Operations/Maintenance): $269,181,387.

    Dated: November 1, 2022.
Amy DeBisschop,
Director, Division of Regulations, Legislation, and Interpretation.
[FR Doc. 2022-24386 Filed 11-8-22; 8:45 am]
BILLING CODE 4510-27-P