[Federal Register Volume 72, Number 55 (Thursday, March 22, 2007)]
[Notices]
[Pages 13530-13531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5234]


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DEPARTMENT OF LABOR

Employment Standards Administration


Proposed Collection; Comment Request

ACTION: Notice.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. 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. 
Currently, the Employment Standards Administration is soliciting 
comments concerning the proposed collection: 29 CFR Part 825, The 
Family and Medical Leave Act of 1993 (WH-380 and WH-381). A copy of the 
proposed information collection request can be obtained by contacting 
the office listed below in the ADDRESSES section of this Notice.

DATES: Written comments must be submitted to the office listed in the 
ADDRESSES section below on or before May 21, 2007.

ADDRESSES: Ms. Hazel M. Bell, U.S. Department of Labor, 200 
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone 
(202) 693-0418, fax (202) 693-1451, e-mail <a href="/cdn-cgi/l/email-protection#2a484f464604424b504f466a4e4546044d455c"><span class="__cf_email__" data-cfemail="05676069692b6d647f606945616a692b626a73">[email protected]</span></a>. Please 
use only one method of transmission for comments (mail, fax, or e-
mail).

SUPPLEMENTARY INFORMATION:

I. Background

    The Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. 2601, et 
seq., requires private sector employers of 50 or more employees and 
public agencies to provide up to 12 weeks of unpaid, job-protected 
leave during any 12-month period to ``eligible'' employees for certain 
family and medical reasons. Leave must be granted to ``eligible'' 
employees because of the birth of a child and to care for the newborn 
child, because of the placement of a child with the employee for 
adoption or foster care, because the employee is needed to care for a 
family member (child, spouse, or parent) with a serious health 
condition, or because the employee's own serious health condition makes 
the employee unable to perform any of the essential functions of his or 
her job. This information collection contains recordkeeping and 
notification requirements associated with the Act and regulations. 
Implementing regulations are found at 29 CFR Part 825. Two optional 
forms are included in this information collection request. The WH-380, 
Certification of Health Care Provider, may be used to certify a serious 
health condition under FMLA. The WH-381, Employer Response to Employee 
Request for Family or Medical Leave, may be used by an employer to 
respond to a leave request under FMLA. Both forms are third-party 
notifications and they are not submitted to the Department of Labor. 
This information collection is currently approved for use through 
August 31, 2007.

II. Review Focus

    The Department of Labor is particularly interested in comments 
which:
    <bullet> 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;
    <bullet> 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;
    <bullet> enhance the quality, utility and clarity of the 
information to be collected; and
    <bullet> 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 approval for the extension of this 
information collection in order to ensure that both employers and 
employees are aware of and can exercise their rights and meet their 
respective obligations under FMLA, and in order for the Department of 
Labor to carry out its statutory obligation under FMLA to investigate 
and ensure employer compliance has been met.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: 29 CFR, Part 825, The Family and Medical Leave Act of 1993.

[[Page 13531]]

    OMB Number: 1215-0181.
    Agency Number: WH-380, WH-381.
    Affected Public: Individuals or household, Business or other for-
profit, Not-for-profit institutions, Farms, State, Local or Tribal 
Government.
    Total Respondents: 6,656,500.
    Total Responses: 15,058,850.
    Time per Response: 1 to 20 minutes.
    Frequency: On Occasion (Recordkeeping, Third-Party Disclosure).
    Estimated Total Burden Hours: 1,370,288.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $0.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record.

    Dated: March 15, 2007.
Ruben Wiley,
Chief, Branch of Management Review and Internal Control, Division of 
Financial Management, Office of Management, Administration and 
Planning, Employment Standards Administration.
[FR Doc. E7-5234 Filed 3-21-07; 8:45 am]
BILLING CODE 4510-27-P


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