2011-33343. Agency Information Collection Activities; Submission for OMB Review; Comment Request; The Family and Medical Leave Act of 1993

ACTION:

Notice.

SUMMARY:

The Department of Labor (DOL) is submitting the Wage Hour Division (WHD) sponsored information collection request (ICR) titled, “29 CFR Part 825, The Family and Medical Leave Act of 1993,” to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).

DATES:

Submit comments on or before January 30, 2012.

ADDRESSES:

A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained from the RegInfo.gov Web site, http://www.reginfo.gov/​public/​do/​PRAMain, on the day following publication of this notice or by contacting Michel Smyth by telephone at [phone] (this is not a toll-free number) or sending an email to [e-mail].

Submit comments about this request to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Department of Labor, Wage Hour Division, Office of Management and Budget, Room 10235, Washington, DC 20503, Telephone: [phone]/Fax: [phone] (these are not toll-free numbers), email: [e-mail].

FOR FURTHER INFORMATION:

Contact Michel Smyth by telephone at [phone] (this is not a toll-free number) or by email at [e-mail].

SUPPLEMENTARY INFORMATION:

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 amendments to FMLA contained in National Defense Authorization Act for FY 2010 (NDAA), Public Law 111-84, and Airline Flight Crew Technical Corrections Act, Public Law 111-119. 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.

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 it is approved by the OMB under the PRA 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 if the collection of information does not display a valid OMB Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under OMB Control Number 1235-0003. The current OMB approval is scheduled to expire on December 31, 2011; however, it should be noted that existing information collection requirements submitted to the OMB receive a month-to-month extension while they undergo review. For additional information, see the related notice published in the Federal Register on September 28, 2011 (76 FR 60086).

Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within 30 days of publication of this notice in the Federal Register. In order to help ensure appropriate consideration, comments should reference OMB Control Number 1235-0003. The OMB is particularly interested in comments that:

• 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;
• 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;
• Enhance the quality, utility, and clarity of the information to be collected; and
• 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 submission of responses.

Agency: Wage Hour Division (WHD).

Title of Collection: 29 CFR Part 825, The Family and Medical Leave Act of 1993.

OMB Control Number: 1235-0003.

Affected Public: Business or other for-profit; Not-for-profits institutions; Farms; State, Local, and Tribal Government.

Total Estimated Number of Respondents: 14,127,414.

Total Estimated Number of Responses: 88,926,419.

Total Estimated Annual Burden Hours: 19,009,201.

Total Estimated Annual Other Costs Burden: $163,332,185.

Dated: December 21, 2011.

Linda Watts Thomas,

Acting Departmental Clearance Officer.