Paid Leave Under the Families First Coronavirus Response Act

OMB Control No: 1235-0031	ICR Reference No: 202005-1235-003
Status: Historical Active	Previous ICR Reference No: 202003-1235-002
Agency/Subagency: DOL/WHD	Agency Tracking No:
Title: Paid Leave Under the Families First Coronavirus Response Act
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 01/29/2021
Retrieve Notice of Action (NOA)	Date Received in OIRA: 09/22/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2024	36 Months From Approved	01/31/2021
Responses	7,965,691	0	7,903,071
Time Burden (Hours)	165,954	0	801,962
Cost Burden (Dollars)	0	0	0

---

Abstract: On March 18, 2020, the President signed the Families First Coronavirus Response Act into law (Pub. L. 116-127). The Act provides for paid sick leave for some employees and an expansion of the family and medical leave law.

---

Authorizing Statute(s): PL: Pub.L. 116 - 127 3101 et seq Name of Law: Families First Coronavirus Response Act    PL: Pub.L. 116 - 127 5101 et seq Name of Law: Families First Coronavirus Response Act

Citations for New Statutory Requirements: PL: Pub.L. 116 - 127 5101 et seq Name of Law: Families First Coronavirus Response Act PL: Pub.L. 116 - 127 3101 et seq Name of Law: Families First Coronavirus Response Act

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 20723	04/14/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 59330	09/21/2020
Did the Agency receive public comments on this ICR? Yes

---

Number of Information Collection (IC) in this ICR: 11

IC Title Form No. Form Name ER recordkeeping (private) EPSLA Concurrent Leave Notice (Federal) Concurrent Leave Notice (State/local/tribal) Concurrent leave notice (private) EFMLEA Employee Notice (Federal) EFMLEA Employee Notice (State/local/tribal) EFMLEA Employee Notice (private) EFMLEA Employer Record (Federal) EFMLEA Employer Record (State/local/tribal) EFMLEA Employer Record (private) ER notice to EE failure to meet notice req (State/local/tribal) ER notice to EE of failure to meet notice req (federal) ER notice to EE of failure to meet notice req (private) ER recordkeeping (Federal) EPSlA ER recordkeeping (public State/local/tribal) EPSLA Health Benefits Notice (private) Health Care Provider Certification (Federal) Health Care Provider Certification (State/local/tribal) Health Care Provider Certification (private) Paid Sick Leave Notice of Need for Leave (Federal) Paid Sick Leave Notice of Need for Leave (private) Paid Sick Leave Notice of Need for Leave (state, local, tribal) Small Employer Exemption (State/local/tribal) Small Employer Exemption Record (Private) Tax Credit Records (Federal) Tax Credit Records (State/local/tribal) Tax Credit Records (private)

---

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	7,965,691	7,903,071	0	0	62,620	0
Annual Time Burden (Hours)	165,954	801,962	0	0	-636,008	0
Annual Cost Burden (Dollars)	0	0	0	0	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: No

Burden Reduction Due to:

Short Statement: The Department deleted the concurrent notice provision in favor of listing all burden under either the EPSLA provisions or the EFMLEA provisions. In response to a comment, the Department adjusted the assumptions for tax credit recordkeeping making the assumption that an employer will require tax credit documentation for any leave they provide under FFCRA. The Department deleted the collection for Health Care Provider certification since any health care provider certification would be submitted under FMLA (a separate collection found under OMB Control Number 1235-0003).

---

Annual Cost to Federal Government: $0

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.     No

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? Yes

Agency Contact: robert waterman 202 693-0805 [email protected]

---

Common Form ICR:  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:
		(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: 09/22/2020

---