The DOL created the subject information collections (i.e., notifications) to implement statutory notice and certification provisions and to assist employees and employers in meeting their FMLA third-party notification obligations as required by The Family and Medical Leave Act of 1993 (FMLA) and by the amemdments to FMLA contained in National Defense Authorization Act for FY 2008 (NDAA), Pub. L. No. 110-181. The subject recordkeeping requirements are necessary in order for the DOL to carry out its statutory obligation under FMLA section 106 to investigate and ensure employer compliance. 29 U.S.C. § 2616.
In addition to the 3,482,473 burden hour increase that occured as a result of new statutory requirements, discretionary changes were made to the regulations -- adding and deleting specific notification requirements -- that resulted in an increase of 7,020,126 hours. The burden estimates were also adjusted upward by 7,096,758 because of improved information on the number of respondents subject to the FMLA paperwork requirements, recalculation of burden based on a more disaggregated approach, and a reconsideration of whether certain regulations impose a burden beyond what employees and employers customarily would do in the absence of the regulations. The estimated annual cost burden has increased due to an increase in maintenance and operations costs of $150,906,330, of which $455,927 are based on statutory changes and the remainder is due to the reasons mentioned above, as well as, increased wage rates and other costs for persons completing the information collections.
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.
Notice to Employee of Change of 12-Month Period for Determining Entitlement (Federal)