1235-0031 30-day FRN (published)

1235-0031 30-day FRN (published).pdf

Paid Leave Under the Families First Coronavirus Response Act

1235-0031 30-day FRN (published)

OMB: 1235-0031

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59330

Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Notices

DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Comment Request; United
States-Mexico-Canada Agreement
(USMCA) Web-based Hotline
Bureau of International Labor
Affairs (ILAB), United States
Department of Labor (DOL).
ACTION: Notice of information
collections and request for comments.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995, the
DOL is soliciting public comments
regarding this ILAB-sponsored
information collection to the Office of
Management and Budget (OMB) for
review and approval.
DATES: Comments pertaining to this
information collection are due on or
before November 20, 2020.
ADDRESSES: Electronic submission: You
may submit comments and attachments
electronically at http://
www.regulations.gov. Follow the online
instructions for submitting comments.
Mail submission: 200 Constitution
Ave. NW, Room S–5315, Washington,
DC 2020. Comments are invited on: (1)
Whether the collection of information is
necessary for the proper performance of
the functions of the DOL, including
whether the information will have
practical utility; (2) if the information
will be processed and used in a timely
manner; (3) the accuracy of the DOL’s
estimates of the burden and cost of the
collection of information, including the
validity of the methodology and
assumptions used; (4) ways to enhance
the quality, utility and clarity of the
information collection; and (5) ways to
minimize the burden of the collection of
information on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
FOR FURTHER INFORMATION CONTACT:
Chad Salitan by telephone at 202–693–
4882 (this is not a toll-free number) or
by email at [email protected].
SUPPLEMENTARY INFORMATION: On
January 29, 2020, the President signed
H.R. 5430—United States-MexicoCanada Agreement Implementation Act
(the Act).1 Section 711 of the Act
prescribes the establishment of an
Interagency Labor Committee for
Monitoring and Enforcement (ILC) and
Section 717 charges the ILC with

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SUMMARY:

1 United

States-Mexico-Canada Agreement
Implementation Act, Public Law 116–113 (2020).
https://www.congress.gov/bill/116th-congress/
house-bill/5430/text.

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establishing a ‘‘web-based hotline’’
monitored by the DOL. The hotline
serves as an electronic portal to collect
‘‘confidential information’’ or
‘‘whistleblower tips’’ regarding labor
issues among USMCA countries directly
from interested parties, including
Mexican workers.
This information collection is subject
to the Paperwork Reduction Act (PRA).
A Federal agency generally cannot
conduct or sponsor a collection of
information, and the public is generally
not required to respond to an
information collection, unless the OMB
approves it and displays a currently
valid OMB Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
The DOL seeks PRA authorization for
this information collection for three (3)
years. OMB authorization for an
Information Collection Review cannot
be for more than three (3) years without
renewal. The DOL notes that currently
approved information collection
requirements submitted to the OMB
receive a month-to-month extension
while they undergo review.
Agency: DOL–ILAB.
Title of Collection: USMCA Webbased Hotline.
OMB Control Number: 1225–0NEW.
Total Estimated Number of
Respondents: 2,300.
Total Estimated Number of
Responses: 2,400.
Total Estimated Annual Time Burden:
2,400 hours.
Total Estimated Annual Other Costs
Burden: $ 0.
(Authority: 44 U.S.C. 3506(c)(2)(A)).
Dated: September 4, 2020.
Grant B. Lebens,
Chief of Staff, Bureau of International Labor
Affairs.
[FR Doc. 2020–20726 Filed 9–18–20; 8:45 am]
BILLING CODE 4510–28–P

DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Paid
Leave Under the Families First
Coronavirus Response Act
Notice of availability; request
for comments.

ACTION:

The Department of Labor
(DOL) is submitting this Wage and Hour

SUMMARY:

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Division (WHD)-sponsored information
collection request (ICR) to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995
(PRA). Public comments on the ICR are
invited.
DATES: The OMB will consider all
written comments that agency receives
on or before October 21, 2020.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
Comments are invited on: (1) Whether
the collection of information is
necessary for the proper performance of
the functions of the Department,
including whether the information will
have practical utility; (2) if the
information will be processed and used
in a timely manner; (3) the accuracy of
the agency’s estimates of the burden and
cost of the collection of information,
including the validity of the
methodology and assumptions used; (4)
ways to enhance the quality, utility and
clarity of the information collection; and
(5) ways to minimize the burden of the
collection of information on those who
are to respond, including the use of
automated collection techniques or
other forms of information technology.
FOR FURTHER INFORMATION CONTACT:
Anthony May by telephone at 202–693–
4129 (this is not a toll-free number), or
by email at [email protected].
SUPPLEMENTARY INFORMATION: 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

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Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Notices
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 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

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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 carry out
the purposes of the FFCRA. For
additional substantive information
about this ICR, see the related notice
published in the Federal Register on
April 14, 2020 (85 FR 20723).
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless the OMB
approves it and displays a currently
valid OMB Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this
information collection for three (3)
years. OMB authorization for an ICR
cannot be for more than three (3) years
without renewal. The DOL notes that
information collection requirements
submitted to the OMB for existing ICRs
receive a month-to-month extension
while they undergo review.
Agency: DOL–WHD.
Title of Collection: Paid Leave Under
the Families First Coronavirus Response
Act.
OMB Control Number: 1235–0031.
Affected Public: Private Sector:
Businesses or other for-profits, farms,
not-for-profit institutions.
Total Estimated Number of
Respondents: 11,931,108.
Total Estimated Number of
Responses: 11,931,108.
Total Estimated Annual Time Burden:
870,193 hours.
Total Estimated Annual Other Costs
Burden: $0.
Authority: 44 U.S.C. 3507(a)(1)(D).

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59331

Dated: September 15, 2020.
Anthony May,
Management and Program Analyst.
[FR Doc. 2020–20770 Filed 9–18–20; 8:45 am]
BILLING CODE 4510–27–P

DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request;
Representative of Miners, Notification
of Legal Identity, and Notification of
Commencement of Operations and
Closing of Mines
Notice of availability; request
for comments.

ACTION:

The Department of Labor
(DOL) is submitting this Mine Safety
and Health Administration (MSHA)sponsored information collection
request (ICR) to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995
(PRA). Public comments on the ICR are
invited.
DATES: The OMB will consider all
written comments that agency receives
on or before October 21, 2020.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
Comments are invited on: (1) Whether
the collection of information is
necessary for the proper performance of
the functions of the Department,
including whether the information will
have practical utility; (2) if the
information will be processed and used
in a timely manner; (3) the accuracy of
the agency’s estimates of the burden and
cost of the collection of information,
including the validity of the
methodology and assumptions used; (4)
ways to enhance the quality, utility and
clarity of the information collection; and
(5) ways to minimize the burden of the
collection of information on those who
are to respond, including the use of
automated collection techniques or
other forms of information technology.
FOR FURTHER INFORMATION CONTACT:
Anthony May by telephone at 202–693–
4129 (this is not a toll-free number), or
by email at [email protected].
SUMMARY:

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