Paid Leave Under the Families First Coronavirus Response Act

Forms and Documents

Document Name	Status
emergency Processing Memo Paid Leave ICR 20200401.pdf Supplementary Document	2020-03-31
empsit feb 2020.pdf Supplementary Document	2020-03-29
ss1235-0NEW Paid leave -- 202041.docx Supporting Statement A	2020-04-01

IC Document Collections

IC ID	Document Title	Status
241024	ER notice to EE of failure to meet notice req (federal)	New
241023	ER notice to EE failure to meet notice req (State/local/tribal)	New
241022	ER notice to EE of failure to meet notice req (private)	New
241021	ER recordkeeping (Federal) EPSlA	New
241020	ER recordkeeping (public State/local/tribal) EPSLA	New
241016	ER recordkeeping (private) EPSLA	New
241006	Small Employer Exemption (State/local/tribal)	New
241005	Small Employer Exemption Record (Private)	New
241004	EFMLEA Employer Reocrd (Federal)	New
241003	EFMLEA Employer Record (State/local/tribal)	New
241002	EFMLEA Employer Record (private)	New
241001	EFMLEA Employee Notice (Federal)	New
241000	EFMLEA Employee Notice (State/local/tribal)	New
240999	EFMLEA Employee Notice (private)	New
240998	Concurrent Leave Records (Federal)	New
240997	Concurrent Leave Records (State/local/tribal)	New
240996	Concurrent Leave Records (private)	New
240995	Concurrent Leave Notice (Federal)	New
240994	Concurrent Leave Notice (State/local/tribal)	New
240993	Concurrent leave notice (private)	New
240992	Health Benefits Notice (private)	New
240991	Health Care Provider Certification (Federal)	New
240990	Health Care Provider Certification (State/local/tribal)	New
240989	Health Care Provider Certification (private)	New
240988	Paid Sick Leave Notice of Need for Leave (Federal)	New
240986	Paid Sick Leave Notice of Need for Leave (state, local, tribal)	New
240980	Paid Sick Leave Notice of Need for Leave (private)	New

ICR Details

OMB Control No: 1235-0031	ICR Reference No: 202003-1235-002
Status: Active	Previous ICR Reference No:
Agency/Subagency: DOL/WHD	Agency Tracking No:
Title: Paid Leave Under the Families First Coronavirus Response Act
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 04/01/2020
OIRA Conclusion Action: Approved with change	Conclusion Date: 04/02/2020
	Date Received in OIRA: 04/01/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2020	6 Months From Approved
Responses	7,903,071	0	0
Time Burden (Hours)	801,962	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: On March 18, 2020, the President signed the Families First Coronavirus Response Act into law (Pub. L. 116-127. The Act provides for paid sick leave for some employees and an expansion of the family and medical leave law.

Emergency Justfication: On March 18, 2020, President Trump signed the Families First Coronavirus Response Act into law (Public Law 116-127). Division C of the Act is the Emergency Family and Medical Leave Expansion Act and offers temporary expansion of the Family and Medical Leave Act through December 31, 2020. Division E is the Emergency Paid Sick Leave Act and offers paid sick leave for some employees through December 31, 2020. The provisions of the Act take effect no later than fifteen days after the Act is enacted. The Department of Labor submits this Temporary Final Rule for review. On March 13, 2020, President Trump declared a National Emergency in response to the growing spread of the coronavirus. As the Families First Coronavirus Response Act takes effect in a few short days, the Department requests emergency processing of the Temporary Final Rule.

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Authorizing Statute(s): PL: Pub.L. 116 - 127 3101 et seq Name of Law: Families First Coronavirus Response Act
   PL: Pub.L. 116 - 127 5101 et seq Name of Law: Families First Coronavirus Response Act
  

Citations for New Statutory Requirements: PL: Pub.L. 116 - 127 5101 et seq Name of Law: Families First Coronavirus Response Act
PL: Pub.L. 116 - 127 3101 et seq Name of Law: Families First Coronavirus Response Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1235-AA35	Final or interim final rulemaking	85 FR 18589	04/02/2020

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 27

IC Title	Form No.	Form Name
ER recordkeeping (private) EPSLA
ER recordkeeping (Federal) EPSlA
ER notice to EE of failure to meet notice req (private)
ER recordkeeping (public State/local/tribal) EPSLA
ER notice to EE failure to meet notice req (State/local/tribal)
Paid Sick Leave Notice of Need for Leave (state, local, tribal)
Paid Sick Leave Notice of Need for Leave (Federal)
Health Care Provider Certification (private)
Health Care Provider Certification (State/local/tribal)
Health Care Provider Certification (Federal)
Health Benefits Notice (private)
Concurrent leave notice (private)
Concurrent Leave Notice (State/local/tribal)
Concurrent Leave Notice (Federal)
Concurrent Leave Records (private)
Concurrent Leave Records (State/local/tribal)
Concurrent Leave Records (Federal)
EFMLEA Employee Notice (private)
EFMLEA Employee Notice (State/local/tribal)
EFMLEA Employee Notice (Federal)
EFMLEA Employer Record (private)
EFMLEA Employer Record (State/local/tribal)
EFMLEA Employer Reocrd (Federal)
Small Employer Exemption Record (Private)
Small Employer Exemption (State/local/tribal)
ER notice to EE of failure to meet notice req (federal)
Paid Sick Leave Notice of Need for Leave (private)

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	7,903,071	0	0	7,903,071	0	0
Annual Time Burden (Hours)	801,962	0	0	801,962	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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: On March 18, 2020, President Trump signed the Families First Coronavirus Response Act into law (Pub. L. 116-127). The Department is publishing implementing regulations to administer the requirements of the Act.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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

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Common Form ICR:  No

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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: 04/01/2020

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