Notice2026-06031
Agency Information Collection Activities; Comment Request; Information Collections: The Family and Medical Leave Act of 1993, as Amended
Primary source
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Published
March 30, 2026
Issuing agencies
Labor DepartmentWage and Hour Division
Abstract
The Department of Labor (Department) is soliciting comments concerning a proposed extension of the information collection request titled, "The Family and Medical Leave Act of 1993, as Amended." This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA). The Department proposes to extend the approval of this existing information collection without change to existing requirements. The PRA program helps 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. A copy of the proposed information request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice.
Full Text
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<title>Federal Register, Volume 91 Issue 60 (Monday, March 30, 2026)</title>
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[Federal Register Volume 91, Number 60 (Monday, March 30, 2026)]
[Notices]
[Pages 15642-15643]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06031]
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DEPARTMENT OF LABOR
Wage and Hour Division
Agency Information Collection Activities; Comment Request;
Information Collections: The Family and Medical Leave Act of 1993, as
Amended
AGENCY: Wage and Hour Division, Department of Labor.
ACTION: Notice.
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SUMMARY: The Department of Labor (Department) is soliciting comments
concerning a proposed extension of the information collection request
titled, ``The Family and Medical Leave Act of 1993, as Amended.'' This
comment request is part of continuing Departmental efforts to reduce
paperwork and respondent burden in accordance with the Paperwork
Reduction Act of 1995 (PRA). The Department proposes to extend the
approval of this existing information collection without change to
existing requirements.
The PRA program helps 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. A copy of the proposed information request can be obtained by
contacting the office listed below in the FOR FURTHER INFORMATION
CONTACT section of this Notice.
DATES: Written comments must be submitted to the office listed in the
ADDRESSES section below on or before May 29, 2026.
ADDRESSES: You may submit comments identified by Control Number 1235-
0003, by either one of the following methods:
<bullet> Email: <a href="/cdn-cgi/l/email-protection#40170804101201032f2d2d252e343300242f2c6e272f36"><span class="__cf_email__" data-cfemail="c5928d8195978486aaa8a8a0abb1b685a1aaa9eba2aab3">[email protected]</span></a>;
<bullet> Mail, Hand Delivery, Courier: Division of Regulations,
Legislation, and Interpretation, Wage and Hour, U.S. Department of
Labor, Room S-3502, 200 Constitution Avenue NW, Washington, DC 20210.
Instructions: Please submit one copy of your comments by only one
method. All submissions received must include the agency name and
Control Number identified above for this information collection.
Commenters are strongly encouraged to transmit their comments
electronically via email or to submit them by mail early. Comments,
including any personal information provided, become a matter of public
record. They will also be summarized
[[Page 15643]]
and/or included in the request for Office of Management and Budget
(OMB) approval of the information collection request.
FOR FURTHER INFORMATION CONTACT: Daniel Navarrete, Division of
Regulations, Legislation, and Interpretation, Wage and Hour Division,
U.S. Department of Labor, Room S-3502, 200 Constitution Avenue NW,
Washington, DC 20210; telephone: (202) 693-0406 (this is not a toll-
free number). Alternative formats are available upon request by calling
1-866-487-9243. If you are deaf, hard of hearing, or have a speech
disability, please dial 7-1-1 to access telecommunications relay
services.
SUPPLEMENTARY INFORMATION:
I. Background
The Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. 2601,
and its regulations at 29 CFR part 825 require private sector employers
that employ 50 or more employees, all public and private elementary
schools, and all 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. Qualifying reasons for leave
include birth of a child and to bond with the newborn child; placement
with the employee of a child for adoption or foster care; to care for
the employee's spouse, child, or parent who has a serious health
condition; a serious health condition that makes the employee unable to
perform the functions of the employee's job; qualifying exigencies
arising out of the deployment of the employee's spouse, son, daughter,
or parent to covered active duty in the military, and up to 26 weeks of
unpaid, job protected leave during a single 12-month period to care for
a covered current servicemember or veteran with a serious injury or
illness who is the spouse, son, daughter, parent, or next of kin to the
employee.
The Wage Hour Division (WHD) created optional use forms for this
information collection. The Certification of Health Care Provider for
Employee's Serious Health Condition (Form WH-380-E) allows an employee
requesting FMLA leave for their own serious health condition to satisfy
the statutory requirement to furnish, upon the employer's request,
appropriate certification (including a second or third opinion and
recertification) to support the need for leave for the employee's own
serious health condition. See Sec. 825.305(a). The Certification of
Health Care Provider for Family Member's Serious Health Condition (Form
WH-380-F) allows an employee requesting FMLA leave for a qualifying
family member's serious health condition to satisfy the statutory
requirement to furnish, upon the employer's request, appropriate
certification (including a second or third opinion and recertification)
to support the need for leave for the family member's serious health
condition. See Sec. 825.305(a). Notice of Eligibility & Rights and
Responsibilities (Form WH-381) allows an employer to satisfy the
regulatory requirement to provide an employee who potentially qualifies
to take FMLA leave with a notice of whether the employee is eligible as
defined in Sec. 825.110, and written notice detailing specific
expectations and obligations of the employee and explaining any
consequences of a failure to meet these obligations. See Sec.
825.300(b) and (c). Designation Notice (Form WH-382) provides a format
an employer may use to meet its obligation to designate leave as FMLA
leave. See Sec. 825.301(a). Certification of Military Family Leave for
Qualifying Exigency (Form WH-384) allows an employee requesting FMLA
leave based on a qualifying exigency to satisfy the statutory
requirement to furnish, upon the employer's request, appropriate
certification to support leave for a qualifying exigency. See Sec.
825.309. Certification for Serious Injury or Illness of a Current
Servicemember for Military Caregiver Leave (Form WH-385) allows an
employee requesting FMLA leave based on an active duty covered
servicemember's serious injury or illness to satisfy the statutory
requirement to furnish, upon the employer's request, a medical
certification from an authorized health care provider. See Sec.
825.310. Finally, Certification for Serious Injury or Illness of a
Veteran for Military Caregiver Leave (Form WH-385-V) allows an employee
requesting leave based on a veteran's serious injury or illness to
satisfy the statutory requirement to furnish, upon the employer's
request, a medical certification from an authorized health care
provider. See Sec. 825.310.
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> Enhance the quality, utility, and clarity of the
information to be collected;
<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; and
<bullet> Provide information that could help 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 an approval for the extension of this
information collection to ensure effective administration of the Family
and Medical Leave Act of 1993, as Amended.
Type of Review: Extension.
Agency: Wage and Hour Division.
Title: The Family and Medical Leave Act of 1993, as Amended.
OMB Control Number: 1235-0003.
Agency Numbers: Forms WH-380-E, WH-380-F, WH-381, WH-382, WH-384,
WH-385, WH-385-V.
Affected Public: Private sector, business or other for-profit, not-
for-profit institutions; State, local, or Tribal governments; Federal
Government.
Total Respondents: 20,589,984.
Total Annual Responses: 76,927,146.
Estimated Total Burden Hours: 9,062,984.
Estimated Time per Response: Varies with type of request (1.25-20
minutes).
Frequency: On occasion.
Total Burden Cost: $505,752,631.
Total Burden Cost (Operations/Maintenance): $218,048,850.
Dated: March 23, 2026.
Daniel Navarrete,
Director, Division of Regulations, Legislation, and Interpretation.
[FR Doc. 2026-06031 Filed 3-27-26; 8:45 am]
BILLING CODE 4510-27-P
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