The information collection requirements associated with this proposed rule are not approved at this time. DOL will resubmit this request at the final rule stage, after responding to public comments associated with the information collection requirements.
Inventory as of this Action
Requested
Previously Approved
02/28/2015
02/28/2015
02/28/2015
89,305,469
0
89,305,469
19,027,093
0
19,027,093
163,467,915
0
163,467,915
The agency is updating information collections in 29 C.F.R. 825 to reflect proposed changes to the regulations which will result in an increase in the number of responses to certain collections of information covered by this information collection request (ICR). The Department proposes to amend the definition of "spouse" under the Family and Medical Leave Act of 1993 (FMLA) in light of the United States Supreme Court's decision in United States v. Windsor, 133 S. Ct. 2675 (2013), which found section 3 of the Defense of Marriage Act to be unconstitutional. The proposed definition of spouse includes all legally married spouses as defined or recognized under State law for purposes of marriage in the State in which the marriage was entered into or, in the case of a marriage entered into outside of any State, if the marriage is valid in the place where entered into and could have been entered into in at least one State. This definition includes an individual in a same-sex or common law marriage that either was entered into in a State that recognizes such marriages or, if entered into outside of any State, is valid in the place where entered into and could have been entered into in at least one State.
An increase in the number of leaves may be taken as a result of this definitional change which would allow FMLA leave to be taken on the basis of an employee's same-sex marriage. The definitional change stems from the United States Supreme Court decision in United States v. Windsor. Compared to the last OMB clearance of the FMLA information collections on April 11, 2013, this request reflects an overall burden increase of 2,578 hours that results from proposed regulatory changes. In addition, this request reflects an increase of 14,816 responses, which also stem from
proposed regulatory changes, and a difference of $68,671 in maintenance and operations costs. The changed paperwork burden estimates stem from the expansion of FMLA leave to employees to care for same-sex spouses or stepchildren, regardless of their state of residence, and increased
wages rates for persons completing the information collections and other higher costs, as discussed in Item 13 of the supporting statement.
$643,890
No
No
No
No
No
Uncollected
Mary Ziegler 202 693-0517
No
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:
(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;
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.
Form WH-382 Notice to Employee of FMLA Designation (Federal)
Physician Assistant_OES291071_May2013.pdf
Notice to Employee of Change of 12-Month Period for Determining Entitlement (Federal)