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
09/30/2010
36 Months From Approved
09/30/2010
15,058,850
0
15,058,850
1,370,288
0
1,370,288
11,915,480
0
11,915,480
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 Âeligible 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 employeeÂs 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 employeeÂs job). FMLA section 404 requires the Secretary of Labor to prescribe such regulations as necessary to enforce this Act. 29 U.S.C. § 2654.
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.
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:
(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;
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.
Form WH-382 Notice to Employee of FMLA Leave Designation
1215-0181PreambleSS(20080205).doc
Notice to Employee of Pending Cancellation of Health Benefits