The Family and Medical Leave Act of 1993, As Amended

Forms and Documents

Document Name	Status
Form WH-382 Notice to Employee of FMLA Designation (Federal) Form and Instruction	Modified
Form WH-381 Notice to Employee of FMLA Eligibilty and Rights & Responsibilities (Federal) Form and Instruction	Modified
Form WH-381 Notice to Employee of FMLA Eligibility and Rights & Responsibilities (State, local, tribal) Form and Instruction	Modified
Form WH-382 Notice to Employee of FMLA Designation (State, local, tribal) Form and Instruction	Modified
Form WH-382 Notice to Employee of FMLA Designation (Private Sector) Form and Instruction	Modified
Form WH-381 Notice to Employee of FMLA Eligibility and Rights & Responsibilities (Private Sector) Form and Instruction	Modified
Form WH-380-F Employee Certifications (Serious Health Condition, Recertification, Fitness-for-Duty; Call to Military Active Duty; Qualifying Exigency Due o Call to Military Active Duty; Servicemember Illness/Injuy Form and Instruction	Modified
WH-385-V Summary of Edits.docx Supplementary Document	2020-02-04
WH-385 Summary of Edits.docx Supplementary Document	2020-02-04
WH-384 Summary of Edits.docx Supplementary Document	2020-02-04
WH 382 Summary of Edits.docx Supplementary Document	2020-02-04
WH 381 Summary of Edits.docx Supplementary Document	2020-02-04
WH-380-F Summary of Edits.docx Supplementary Document	2020-02-04
WH-380-E Summary of edits.docx Supplementary Document	2020-02-04
60-day FR notice 1235-0003 84 FR 38061 20190805.pdf Supplementary Document	2019-10-15
ss1235-0003 20200225.docx Supporting Statement A	2020-02-25
Federal Register Notice FMLA PRA revision 82 FR 48850.pdf Supplementary Document	2018-04-06

IC Document Collections

IC ID	Document Title	Status
187163	Notice to Employee of Change of 12-Month Period for Determining Entitlement (Federal)	Unchanged
187079	Notice to Employee of Pending Cancellation of Health Benefits (Federal)	Unchanged
187078	Notice to Employee of FMLA Designation (Federal) Form and Instruction	Modified
187073	Key Employee Notification (Federal)	Unchanged
186957	Notice to Employee of Change of 12-Month Period for Determining Entitlement (State, local, tribal)	Unchanged
186955	Notice to Employee of FMLA Eligibilty and Rights & Responsibilities (Federal) Form and Instruction	Modified
186913	Notice to Employee of FMLA Eligibility and Rights & Responsibilities (State, local, tribal) Form and Instruction	Modified
186900	Notice to Employee of Pending Cancellation of Health Benefits (State, local, tribal)	Unchanged
186899	Notice to Employee of FMLA Designation (State, local, tribal) Form and Instruction	Modified
186898	General FMLA Recordkeeping (Federal)	Unchanged
186891	Key Employee Notification (State, local, tribal)	Unchanged
186890	General FMLA Recordkeeping (State, local, tribal)	Unchanged
182234	Notice to Employee of Pending Cancellation of Health Benefits (Private Sector)	Unchanged
182233	Documenting Family Relationship	Unchanged
182083	Periodic Employee Status Report	Unchanged
182081	Notice to Employee of FMLA Designation (Private Sector) Form and Instruction	Modified
178656	General FMLA Recordkeeping (Private Sector)	Unchanged
178655	Key Employee Notification (Private Sector)	Unchanged
178653	Notice to Employee of Change of 12-Month Period for Determining Entitlement (Private Sector)	Unchanged
178607	Employee's Notice of Need for FMLA Leave	Unchanged
178568	Notice to Employee of FMLA Eligibility and Rights & Responsibilities (Private Sector) Form and Instruction	Modified
13897	Employee Certifications (Serious Health Condition, Recertification, Fitness-for-Duty; Call to Military Active Duty; Qualifying Exigency Due o Call to Military Active Duty; Servicemember Illness/Injuy Form and Instruction	Modified

ICR Details

OMB Control No: 1235-0003	ICR Reference No: 201910-1235-001
Status: Active	Previous ICR Reference No: 201711-1235-001
Agency/Subagency: DOL/WHD	Agency Tracking No:
Title: The Family and Medical Leave Act of 1993, As Amended
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/08/2020
	Date Received in OIRA: 03/19/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2023	36 Months From Approved	08/31/2021
Responses	79,357,763	0	79,357,763
Time Burden (Hours)	8,307,116	0	8,973,607
Cost Burden (Dollars)	185,726,276	0	193,532,818

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Abstract: This ICR implements 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). 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. 29 U.S.C. § 2616.

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Authorizing Statute(s): US Code: 29 USC 2616 Name of Law: Family and Medical Leave Act
  

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:
	84 FR 38061	08/05/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 15502	03/18/2020
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 22

IC Title	Form No.	Form Name
Notice to Employee of Pending Cancellation of Health Benefits (Private Sector)
General FMLA Recordkeeping (Federal)
General FMLA Recordkeeping (State, local, tribal)
Notice to Employee of Change of 12-Month Period for Determining Entitlement (State, local, tribal)
Notice to Employee of FMLA Eligibility and Rights & Responsibilities (State, local, tribal)	WH-381	Notice of Eligibility & Rights and Responsibilities under the Family and Medical Leave Act
Notice to Employee of FMLA Designation (State, local, tribal)	WH-382	Designation Notice under the Family and Medical Leave Act
Notice to Employee of Pending Cancellation of Health Benefits (State, local, tribal)
Notice to Employee of FMLA Designation (Federal)	WH-382	Designation Notice under the Family and Medical Leave Act
Key Employee Notification (Federal)
Periodic Employee Status Report
Notice to Employee of FMLA Designation (Private Sector)	WH-382	Designation Notice under the Family and Medical Leave Act
Documenting Family Relationship
Employee's Notice of Need for FMLA Leave
Notice to Employee of Change of 12-Month Period for Determining Entitlement (Private Sector)
Notice to Employee of FMLA Eligibilty and Rights & Responsibilities (Federal)	WH-381	Notice of Eligibility & Rights and Responsibilities under the Family and Medical Leave Act
Notice to Employee of Change of 12-Month Period for Determining Entitlement (Federal)
Notice to Employee of Pending Cancellation of Health Benefits (Federal)
Key Employee Notification (State, local, tribal)
Key Employee Notification (Private Sector)
General FMLA Recordkeeping (Private Sector)
Employee Certifications (Serious Health Condition, Recertification, Fitness-for-Duty; Call to Military Active Duty; Qualifying Exigency Due o Call to Military Active Duty; Servicemember Illness/Injuy	WH-380-E, WH-380-F, WH-385, WH-385-V, WH-384	Certification of Health Care Provider for Family Member's Serious Health Condition under the Family and Medical Leave Act ,   Certification of Health Care Provider for Employee's Serious Health Condition under the Family and Medical Leave Act ,   Certification for Serious Injury or Illness of a Current Servicemember for Military Caregiver Leave under the Family and Medical Leave Act ,   Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave under the Family and Medical Leave Act ,   Certification for Military Family Leave for Qualifying Exigency under the Family and Medical Leave Act
Notice to Employee of FMLA Eligibility and Rights & Responsibilities (Private Sector)	WH-381	Notice of Eligibility & Rights and Responsibilities under the Family and Medical Leave Act

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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	79,357,763	79,357,763	0	0	0	0
Annual Time Burden (Hours)	8,307,116	8,973,607	0	-666,491	0	0
Annual Cost Burden (Dollars)	185,726,276	193,532,818	0	-7,806,542	0	0

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

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: There is a burden decrease related to the streamline and revision of the forms WH-380-E, WH-380-F, WH-384, WH-385 and WH-385-V. There is a corresponding reduction in cost to third parties stemming from the reduced time burden for the above listed forms.

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Annual Cost to Federal Government: $690,135

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 03/19/2020

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