[Federal Register: February 13, 2003 (Volume 68, Number 30)]
[Notices]
[Page 7393-7394]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe03-76]
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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 14, 2003.
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, E-mail hbell@fenix2.dol-esa.gov.
Please use only one method of transmission for comments (mail, fax, or
E-mail).
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 13 weeks of unpaid, job-protected leave
during any 12-month
[[Page 7394]]
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. This information collection is currently
approved for use through July 31, 2003.
II. Review Focus
The Department of Labor is particularly interested in comments
which:
[sbull] 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;
[sbull] 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;
[sbull] Enhance the quality, utility and clarity of the information
to be collected; and
[sbull] 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 have been met. Since OMB extended the
expiration dates of the forms in July 2002, the Department has
initiated a review of FMLA's implementing regulations to address issues
raised by the U.S. Supreme Court in Ragsdale v. Wolverine World Wide,
Inc., 122 S. CT 1155 (2002), and decisions of other courts.
The Department expects to revise Forms WH-380 and WH-381, and these
forms also may need to reflect changes that may be proposed to the FMLA
regulations. The Department is requesting a one-year extension on the
expiration date to the ICR. There is no change in the substance or
method of collection since the last OMB approval.
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, State, Local or Tribal
Government.
Total Respondents: 6.655 million.
Total Responses: 15.056 million.
Time per Response: 1 to 20 minutes.
Frequency: On Occasion (Recordkeeping, Third-Party Disclosure).
Estimated Total Burden Hours: 1,210,654.
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 6, 2003.
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. 03-3558 Filed 2-12-03; 8:45 am]
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