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Certification
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:
1235-0003
ICR Reference No:
201404-1235-001
Status:
Historical Inactive
Previous ICR Reference No:
201303-1235-001
Agency/Subagency:
DOL/WHD
Agency Tracking No:
Title:
29 C.F.R. 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:
08/13/2014
Retrieve Notice of Action (NOA)
Date Received in OIRA:
06/27/2014
Terms of Clearance:
The information collection requirements associated with this proposed rule are not approved at this time. DOL will resubmit this request at the final rule stage, after responding to public comments associated with the information collection requirements.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
02/28/2015
02/28/2015
02/28/2015
Responses
89,305,469
0
89,305,469
Time Burden (Hours)
19,027,093
0
19,027,093
Cost Burden (Dollars)
163,467,915
0
163,467,915
Abstract:
The agency is updating information collections in 29 C.F.R. 825 to reflect proposed changes to the regulations which will result in an increase in the number of responses to certain collections of information covered by this information collection request (ICR). The Department proposes to amend the definition of "spouse" under the Family and Medical Leave Act of 1993 (FMLA) in light of the United States Supreme Court's decision in United States v. Windsor, 133 S. Ct. 2675 (2013), which found section 3 of the Defense of Marriage Act to be unconstitutional. The proposed definition of spouse includes all legally married spouses as defined or recognized under State law for purposes of marriage in the State in which the marriage was entered into or, in the case of a marriage entered into outside of any State, if the marriage is valid in the place where entered into and could have been entered into in at least one State. This definition includes an individual in a same-sex or common law marriage that either was entered into in a State that recognizes such marriages or, if entered into outside of any State, is valid in the place where entered into and could have been entered into in at least one State.
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:
1235-AA09
Proposed rulemaking
76 FR 36445
06/27/2014
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
79 FR 36445
06/27/2014
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
22
IC Title
Form No.
Form Name
Documenting Family Relationship
Employee Certifications (Serious Health Condition, Recertification, Fitness-for-Duty; Call to Military Active Duty; Qualifying Exigency Due o Call to Military Active Duty; Servicemember Illness/Injuy
WH-384, WH-385, WH-385-V, WH-380-F, WH-380-E
Certification of Health Care Provider for Family Member Serious Health Condition
,
Certification of Health Care Provider for Employee's Serious Health Condition
,
Certification of Qualifying Exigency for Military Family Leave (Family and Medical Leave Act)
,
Certification for Serious Injury or Illness of a Current Servicemember for Military Family Leave (Family and Medical Leave Act)
,
Certification for a Serious Injury or Illness of a Veteran for Military Caregiver Leave (Family and Medical Leave Act)
Employee's Notice of Need for FMLA Leave
General FMLA Recordkeeping (State, local, tribal)
General FMLA Recordkeeping (Federal)
General FMLA Recordkeeping (Private Sector)
Key Employee Notification (Federal)
Key Employee Notification (Private Sector)
Key Employee Notification (State, local, tribal)
Notice to Employee of Change of 12-Month Period for Determining Entitlement (Federal)
Notice to Employee of Change of 12-Month Period for Determining Entitlement (Private Sector)
Notice to Employee of Change of 12-Month Period for Determining Entitlement (State, local, tribal)
Notice to Employee of FMLA Designation (Federal)
WH-382
Designation Notice
Notice to Employee of FMLA Designation (Private Sector)
WH-382
Designation Notice
Notice to Employee of FMLA Designation (State, local, tribal)
WH-382
Designation Notice
Notice to Employee of FMLA Eligibility and Rights & Responsibilities (Private Sector)
WH-381
Notice of Eligibility and Rights and Responsibilities (Family and Medical Leave Act)
Notice to Employee of FMLA Eligibility and Rights & Responsibilities (State, local, tribal)
WH-381
Notice of Eligibility and Rights and Responsibilities
Notice to Employee of FMLA Eligibilty and Rights & Responsibilities (Federal)
WH-381
Notice of Eligibility and Rights and Responsibilities
Notice to Employee of Pending Cancellation of Health Benefits (Federal)
Notice to Employee of Pending Cancellation of Health Benefits (Private Sector)
Notice to Employee of Pending Cancellation of Health Benefits (State, local, tribal)
Periodic Employee Status Report
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:
No
Burden Reduction Due to:
Short Statement:
An increase in the number of leaves may be taken as a result of this definitional change which would allow FMLA leave to be taken on the basis of an employee's same-sex marriage. The definitional change stems from the United States Supreme Court decision in United States v. Windsor. Compared to the last OMB clearance of the FMLA information collections on April 11, 2013, this request reflects an overall burden increase of 2,578 hours that results from proposed regulatory changes. In addition, this request reflects an increase of 14,816 responses, which also stem from proposed regulatory changes, and a difference of $68,671 in maintenance and operations costs. The changed paperwork burden estimates stem from the expansion of FMLA leave to employees to care for same-sex spouses or stepchildren, regardless of their state of residence, and increased wages rates for persons completing the information collections and other higher costs, as discussed in Item 13 of the supporting statement.
Annual Cost to Federal Government:
$643,890
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?
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Mary Ziegler 202 693-0517
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:
06/27/2014
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