60-day Federal Register Notice

60-day FR notice 1235-0031 (85 FR 20723-20200414).pdf

Paid Leave Under the Families First Coronavirus Response Act

60-day Federal Register Notice

OMB: 1235-0031

Document [pdf]
Download: pdf | pdf
Federal Register / Vol. 85, No. 72 / Tuesday, April 14, 2020 / Notices
Total Estimated Annual Time Burden:
1,800 hours.
Total Estimated Annual Other Costs
Burden: $0.
Authority: 44 U.S.C. 3507(a)(1)(D).
Dated: April 7, 2020.
Frederick Licari,
Departmental Clearance Officer.

Occupational Safety and Health
Administration
[Docket No. OSHA–2018–0005]

Whistleblower Stakeholder Meeting
Occupational Safety and Health
Administration (OSHA), Labor.

AGENCY:

Notice; meeting changes.

On March 13, 2020, OSHA
published a notice announcing a
stakeholder meeting on May 12, 2020.
This document makes several changes
to that notice. The meeting will now be
held only via telephone. There will be
no in-person participation option, and
participants must pre-register for this
meeting. If you wish to attend the public
meeting, you must register using this
link https://www.eventbrite.com/e/
whistleblower-stakeholder-meetingtickets-92898902117 by close of
business on May 5, 2020. A call-in
number will be sent to you upon
registration.

SUMMARY:

For
general information: Mr. Anthony Rosa,
Deputy Director, OSHA Directorate of
Whistleblower Protection Programs,
U.S. Department of Labor; telephone:
(202) 693–2199; email: osha.dwpp@
dol.gov.

FOR FURTHER INFORMATION CONTACT:

Authority and Signature

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Loren Sweatt, Principal Deputy
Assistant Secretary for Occupational
Safety and Health, authorized the
preparation of this notice under the
authority granted by Secretary’s Order
01–2012 (Jan. 18, 2012), 77 FR 3912
(Jan. 25, 2012).
Signed at Washington, DC, on April 9,
2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor
for Occupational Safety and Health.
[FR Doc. 2020–07855 Filed 4–13–20; 8:45 am]
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Agency Information Collection
Activities; Comment Request;
Information Collections: Paid Leave
Under the Families First Coronavirus
Response Act

The Department of Labor
(DOL) is soliciting comments
concerning a proposed extension of the
information collection request (ICR)
titled, ‘‘Paid Leave under the Families
First Coronavirus Response Act.’’ This
comment request is part of continuing
Departmental efforts to reduce
paperwork and respondent burden in
accordance with the Paperwork
Reduction Act of 1995 (PRA).
This program helps to ensure that
requested data can be provided in the
desired format, reporting burden (time
and financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed. A copy of the
proposed information request can be
obtained by contacting the office listed
below in the FOR FURTHER INFORMATION
CONTACT section of this Notice.
DATES: Written comments must be
submitted to the office listed in the
ADDRESSES section below on or before
June 15, 2020.
ADDRESSES: You may submit comments
identified by Control Number 1235–
0031, by either one of the following
methods: Email: WHDPRAComments@
dol.gov; Mail, Hand Delivery, Courier:
Division of Regulations, Legislation, and
Interpretation, Wage and Hour, U.S.
Department of Labor, Room S–3502, 200
Constitution Avenue NW, Washington,
DC 20210. Instructions: Please submit
one copy of your comments by only one
method. All submissions received must
include the agency name and Control
Number identified above for this
information collection. Because we
continue to experience delays in
receiving mail in the Washington, DC
area, commenters are strongly
encouraged to transmit their comments
electronically via email or to submit
them by mail early. Comments,
including any personal information
provided, become a matter of public
record. They will also be summarized
and/or included in the request for Office
of Management and Budget (OMB)
approval of the information collection
request.
SUMMARY:

DEPARTMENT OF LABOR

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Wage and Hour Division

Wage and Hour Division,
Department of Labor.
ACTION: Notice.

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ACTION:

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FOR FURTHER INFORMATION CONTACT:

DEPARTMENT OF LABOR

AGENCY:

[FR Doc. 2020–07820 Filed 4–13–20; 8:45 am]

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20723

Robert Waterman, Division of
Regulations, Legislation, and
Interpretation, Wage and Hour Division,
U.S. Department of Labor, Room S–
3502, 200 Constitution Avenue NW,
Washington, DC 20210; telephone: (202)
693–0406 (this is not a toll-free
number). Copies of this notice may be
obtained in alternative formats (Large
Print, Braille, Audio Tape, or Disc),
upon request, by calling (202) 693–0023
(not a toll-free number). TTY/TTD
callers may dial toll-free (877) 889–5627
to obtain information or request
materials in alternative formats.
SUPPLEMENTARY INFORMATION:
I. Background: On March 18, 2020,
President Trump signed into law the
Families First Coronavirus Response
Act (FFCRA), which creates two new
emergency paid leave requirements in
response to the COVID–19 global
pandemic. Division E of the FFCRA,
‘‘The Emergency Paid Sick Leave Act’’
(EPSLA), entitles certain employees to
take up to two weeks of paid sick leave.
Division C of the FFCRA, ‘‘The
Emergency Family and Medical Leave
Expansion Act’’ (EFMLEA), which
amends Title I of the Family and
Medical Leave Act, 29 U.S.C. 2601 et
seq. (FMLA), permits certain employees
to take up to twelve weeks of expanded
family and medical leave, ten of which
are paid, for specified reasons related to
COVID–19. On March 27, 2020,
President Trump signed into law the
Coronavirus Aid, Relief, and Economic
Security Act, Public Law 116–136
(CARES Act), which amends certain
provisions of the EPSLA and the
provisions of the FMLA added by the
EFMLEA.
In general, the FFCRA requires
covered employers to provide eligible
employees up to two weeks of paid sick
leave at full pay, up to a specified cap,
when the employee is unable to work
because the employee is subject to a
federal, state, or local quarantine or
isolation order related to COVID–19, has
been advised by a health care provider
to self-quarantine due to concerns
related to COVID–19, or is experiencing
COVID–19 symptoms and seeking a
medical diagnosis. The FFCRA also
provides up to two weeks of paid sick
leave at partial pay, up to a specified
cap, when an employee is unable to
work because of a need to care for an
individual subject to a federal, state, or
local quarantine or isolation order
related to COVID–19 or who has been
advised by a health care provider to selfquarantine due to concerns related to
COVID–19; because of a need to care for
the employee’s son or daughter whose

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Federal Register / Vol. 85, No. 72 / Tuesday, April 14, 2020 / Notices

school or place of care is closed, or
whose child care provider is
unavailable, due to COVID–19 related
reasons; or because the employee is
experiencing a substantially similar
condition, as specified by the Secretary
of Health and Human Services. The
FFCRA also requires covered employers
to provide up to twelve weeks of
expanded family and medical leave, up
to ten weeks of which must be paid at
partial pay, up to a specified cap, when
an eligible employee is unable to work
because of a need to care for the
employee’s son or daughter whose
school or place of care is closed, or
whose child care provider is
unavailable, due to COVID–19 related
reasons.
The FFCRA covers private employers
with fewer than 500 employees and
certain public employers. Small
employers with fewer than 50
employees may qualify for an
exemption from the requirement to
provide paid leave due to school, place
of care, or child care provider closings
or unavailability, if the leave payments
would jeopardize the viability of their
business as a going concern.
Under the FFCRA, covered private
employers qualify for reimbursement
through refundable tax credits, as
administered by the Department of the
Treasury, for all qualifying paid sick
leave wages and qualifying family and
medical leave wages paid to an
employee who takes leave under the
FFCRA, up to per diem and aggregate
caps, and for allocable costs related to
the maintenance of health care coverage
under any group health plan while the
employee is on the leave provided
under the FFCRA.
The CARES Act amended the FFCRA
by providing certain technical
corrections, as well as clarifying the
caps for payment of leave; expanded
family and medical leave to certain
employees who were laid off or
terminated after March 1, 2020, but are
reemployed by the same employer prior
to December 31, 2020; and provided
authority to the Director of the Office of
Management and Budget (OMB) to
exclude certain federal employees from
paid sick leave and expanded family
and medical leave.
The FFCRA grants authority to the
Secretary to issue regulations for certain
purposes. In particular, sections
3102(b), as amended by section 3611(7)
of the CARES Act, and 5111(3) of the
FFCRA grant the Secretary authority to
issue regulations ‘‘as necessary, to carry
out the purposes of this Act, including
to ensure consistency’’ between the
EPSLA and the EFMLEA. The
Department issued the temporary rule to

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carry out the purposes of the FFCRA.
This rule published in the Federal
Register on April 6, 2020 (85 FR 19326).
The new paid sick leave and expanded
family and medical leave requirements
became operational on April 1, 2020,
and expire on December 31, 2020. As
part of OMB’s consideration of the
temporary rule, the Department
submitted an emergency processing
request for the PRA package associated
with the rule. Where OMB approves the
collection of information on an
emergency basis, the approval is timelimited and the agency must publish
notice and comment on the collection to
give the public opportunity to respond.
Pursuant to 5 CFR 1320.13, OMB
assigned control number 1235–0031 to
this collection and approved the request
on April 2, 2020 with an expiration of
October, 2020.
II. Review Focus: The Department of
Labor is particularly interested in
comments which:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Enhance the quality, utility, and
clarity of the information to be
collected;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
III. Current Actions: The Department
of Labor seeks an approval for the
extension of this information collection
in order to ensure effective
administration of the Paid Leave
provisions under the Families First
Coronavirus Response Act (as amended
by the CARES Act).
Type of Review: Extension.
Agency: Wage and Hour Division.
Title: Paid Leave under the Families
First Coronavirus Response Act.
OMB Control Number: 1235–0031.
Affected Public: Business or other forprofit, Not-for-profit institutions, Farms,
Federal, State, Local, or Tribal
Government.
Total Respondents: 7,903,071.
Total Annual Responses: 7,903,071.
Estimated Total Burden Hours:
801,962.

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Estimated Time per Response: Varies
with type of request (1.25–20 minutes).
Frequency: On occasion.
Total Burden Cost (capital/startup):
$0.
Total Burden Cost (operation/
maintenance): $4,255,500.
Dated: April 8, 2020.
Amy DeBisschop,
Director, Division of Regulations, Legislation,
and Interpretation.
[FR Doc. 2020–07821 Filed 4–13–20; 8:45 am]
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NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
National Endowment for the
Humanities
Meeting of Humanities Panel
National Endowment for the
Humanities; National Foundation on the
Arts and the Humanities.
ACTION: Notice of meeting.
AGENCY:

The National Endowment for
the Humanities will hold one meeting of
the Humanities Panel, a federal advisory
committee, during May 2020. The
purpose of the meeting is for panel
review, discussion, evaluation, and
recommendation of applications for
financial assistance under the National
Foundation on the Arts and the
Humanities Act of 1965.
DATES: See SUPPLEMENTARY INFORMATION
for meeting date. The meeting will open
at 8:30 a.m. and will adjourn by 5:00
p.m. on the date specified below.
ADDRESSES: The meeting will be via
videoconference originating at
Constitution Center, 400 7th Street SW,
Washington, DC 20506.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Voyatzis, Committee
Management Officer, 400 7th Street SW,
Room 4060, Washington, DC 20506;
(202) 606–8322; [email protected].
SUPPLEMENTARY INFORMATION: Pursuant
to section 10(a)(2) of the Federal
Advisory Committee Act (5 U.S.C.
App.), notice is hereby given of the
following meeting:
SUMMARY:

1. DATE: May 1, 2020
This video meeting will discuss
applications for the Institutes for
Advanced Topics in the Digital
Humanities, submitted to the Office of
Digital Humanities.
Because this meeting will include
review of personal and/or proprietary
financial and commercial information
given in confidence to the agency by
grant applicants, the meeting will be

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