Family and Medical Leave Act Employer and Employee Surveys, 2011

Forms and Documents

Document Name	Status
FMLA_OMB_Part_A_Final_to_OMB(FMLA 20110819).doc Supporting Statement A	2011-08-19
FMLA OMB Attachment B Confidentiality Statement_Final to OMB.doc Supplementary Document	2011-07-28
Copy of FMLA Employer Survey-2000 vs 2011 Question Crosswalk_Final to OMB.xls Supplementary Document	2011-07-28
FMLA OMB Attachment D Estimation_Final to OMB.doc Supplementary Document	2011-07-28
FMLA OMB Attachment A advance letter-employers project info sheet_Final to OMB.doc Supplementary Document	2011-07-28
FMLA OMB Attachment A advance letter-employers_Final to OMB.doc Supplementary Document	2011-07-28
FMLA OMB Attachment A advance letter-employees_Final to OMB.doc Supplementary Document	2011-07-28
FMLA Employee Survey-2000 vs 2011 Question Crosswalk_Final to OMB.xls Supplementary Document	2011-07-28
BLS SurveyMethodsResearch 3 4 2011.pdf Supplementary Document	2011-07-28
FMLA OMB Part B_Final to OMB (2).doc Supporting Statement B	2011-07-28

IC Document Collections

IC ID	Document Title	Status
198931	Family and Medical Leave Act Survey- Employee Survey Other-Telephone Survey	New
198682	Family and Medical Leave Act Survey- Employer Survey Other-Telephone Survey	New

ICR Details

OMB Control No: 1235-0026	ICR Reference No: 201105-1235-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOL/WHD	Agency Tracking No:
Title: Family and Medical Leave Act Employer and Employee Surveys, 2011
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 12/28/2011
	Date Received in OIRA: 08/26/2011
Terms of Clearance: This information collection request is approved with the revised sampling methodology and the following terms of clearance: (1) DOL will use its revised question on sexual identity in order to be more consistent with the HHS-developed question and submit a change request to revise, (2) DOL will proivde a real-time notification on its decision to continue or cease using incentives, based on the results of its experiment. (3) DOL will also provide the response rates and results of its nonresponse bias analyses of these surveys when completed.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2014	36 Months From Approved
Responses	21,072	0	0
Time Burden (Hours)	3,456	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The U.S. Department of Labor's Wage and Hour Division administers the Family and Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq, 29 CFR Part 825. In 1996 and 2000, the Federal government funded the collection of nationally representative data on the FMLA from employers and employees. Given changes in economic conditions and the FMLA since the last employer and employee surveys, the Wage and Hour Division proposes to conduct an employer survey and an employee survey to obtain current representative data for FMLA leave usage in light of 18 years of administering the law and in light of changes to FMLA leave brought on by amendments to the FMLA. The survey data will provide an update to DOL's understanding of leave-taking behavior and employer/employee experiences with FMLA.

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 18254	04/01/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 53491	08/26/2011
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Family and Medical Leave Act Survey- Employee Survey
Family and Medical Leave Act Survey- Employer Survey

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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	21,072	0	0	21,072	0	0
Annual Time Burden (Hours)	3,456	0	0	3,456	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: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The Department of Labor is performing a one-time survey of employers and employees to update its information with respect to the use of the entitlement for leave under the Family and Medical Leave Act of 1993. The burden hours and cost result from contacting employees and employees to survey their experiences with use of the leave entitlement.

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Annual Cost to Federal Government: $1,500,000

Does this IC contain surveys, censuses, or employ statistical methods? Yes Part B of Supporting Statement

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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: 08/26/2011

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