Proposed Collection; Comment Request [02/27/2004]
Volume 69, Number 39, wais.access.gpo.gov
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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 27, 2004.
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, email bell.hazel@dol.gov. Please
use only one method of transmission for comments (mail, fax, or email).
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 12 weeks of unpaid, job-protected leave
during any 12-month 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. The current PRA authorization for 29 CFR part
825, The Family and Medical Leave Act of 1993, is scheduled to expire
on July 31, 2004. DOL is requesting a three year extension of the OMB
clearance for the current regulations and its information collection
requirements. However, DOL does anticipate publication of a proposed
revision to those regulations for public review and comment (68 FR
72522, December 22, 2003, RIN 1215-AB35) and a final rule prior to the
expiration of the three year clearance for the current regulations and
its information collection requirements. DOL will submit for clearance
a revised information collection request once a proposed rule is
published.
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;
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 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 has been met.
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, Federal government, State,
local or tribal government.
Total Respondents: 6.657 million.
Total Responses: 15.058 million.
Time per Response: 1 to 20 minutes.
Frequency: On occasion (recordkeeping, third-party disclosure).
Estimated Total Burden Hours: 1,370,103.
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 23, 2004.
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. E4-418 Filed 2-26-04; 8:45 am]
BILLING CODE 4510-27-P
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