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View Information Collection (IC) List
View Supporting Statement and Other Documents
Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1215-0181
ICR Reference No:
200709-1215-004
Status:
Historical Inactive
Previous ICR Reference No:
200702-1215-001
Agency/Subagency:
DOL/ESA
Agency Tracking No:
Title:
29 CFR Part 825, The Family and Medical Leave Act of 1993
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Comment filed on proposed rule and continue
Conclusion Date:
03/11/2008
Retrieve Notice of Action (NOA)
Date Received in OIRA:
02/11/2008
Terms of Clearance:
Terms of the previous clearance remain in effect. OMB is filing comment on this ICR, which is part of a proposed rule. Approval is not granted at this time. DOL should resubmit this ICR in conjunction with the final rule.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
09/30/2010
36 Months From Approved
09/30/2010
Responses
15,058,850
0
15,058,850
Time Burden (Hours)
1,370,288
0
1,370,288
Cost Burden (Dollars)
11,915,480
0
11,915,480
Abstract:
The Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. § 2601, et seq., 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 (i.e., 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 employees spouse, son, daughter, or parent with a serious health condition; and because of a serious health condition that makes the employee unable to perform the functions of the employees job). FMLA section 404 requires the Secretary of Labor to prescribe such regulations as necessary to enforce this Act. 29 U.S.C. § 2654.
Authorizing Statute(s):
US Code:
29 USC 2601, et seq
Name of Law: Family and Medical Leave Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
1215-AB35
Proposed rulemaking
73 FR 7875
02/11/2008
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
11
IC Title
Form No.
Form Name
Documenting Family Relationships
Employee Notice of Need for FMLA Leave
Fitness-For-Duty Medical Certifications
General Recordkeeping
Key Employee Notifications
Medical Certifications and Recertifications
WH-380
Certification of Health Care Provider (Family and Medical Leave Act)
Notice to Employee of FMLA Leave Designation
WH-382
Notice to Employee of FMLA Leave Designation
Notice to Employee of Pending Cancellation of Health Benefits
Notice to Employees of Change of 12-Month Period for Determining Entitlement
Notice to Employees of FMLA Eligibility
WH-381
Eligibility Notice (Family and Medical Leave Act)
Periodic Employee Status Report
Written Guidance to Employees of FMLA Rights (Handbooks/Manuals)
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
Yes
Burden Reduction Due to:
Changing Regulations
Short Statement:
Compared to the last OMB clearance of the FMLA information collections on September 20, 2007, this request reflects an overall burden increase of 8,223,197 hours, of which 5,798,666 result from proposed regulatory changes. In addition, this request reflects 56,019,788 additional responses, of which 25,571,988 stem from proposed regulatory changes; and increased maintenance and operations costs of $95,302,207, with the proposed regulatory changes accounting for a $924,760 increase. The changed paperwork burden estimates stem from (1) the fact that prior efforts to calculate burden often used aggregate totals per respondent and did not break out each individual third-party disclosure or recordkeeping activity; (2) increased wages rates for persons completing the information collections and other higher costs, as discussed in Items 12-14 of the supporting statement; (3) a reconsideration of whether certain regulations impose a burden beyond what employees and employers customarily would do were the regulations not to exist, (4) additions to and deletions from specific notification requirements, and (5) improved information on the number of respondents subject to the FMLA paperwork requirements.
Annual Cost to Federal Government:
$634,950
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
Yes
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
Uncollected
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
Uncollected
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
Uncollected
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Michel Smyth 202 693-0638 smyth.michel@dol.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
02/11/2008