Paid Leave Under the Families First Coronavirus Response Act

Forms and Documents

Document Name	Status
PL 116-127 (FFCRA).pdf Supplementary Document	2020-09-22
1235-0031 30-day FRN (published).pdf Supplementary Document	2020-09-22
60-day FR notice 1235-0031 (85 FR 20723-20200414).pdf Supplementary Document	2020-08-10
empsit June 2020.pdf Supplementary Document	2020-08-10
ss1235-0031 extension 20200824.docx Supporting Statement A	2020-08-26

IC Document Collections

IC ID	Document Title	Status
241024	ER notice to EE of failure to meet notice req (federal)	Unchanged
241023	ER notice to EE failure to meet notice req (State/local/tribal)	Unchanged
241022	ER notice to EE of failure to meet notice req (private)	Unchanged
241021	ER recordkeeping (Federal) EPSlA	Unchanged
241020	ER recordkeeping (public State/local/tribal) EPSLA	Unchanged
241016	ER recordkeeping (private) EPSLA	Unchanged
241006	Small Employer Exemption (State/local/tribal)	Unchanged
241005	Small Employer Exemption Record (Private)	Unchanged
241004	EFMLEA Employer Record (Federal)	Modified
241003	EFMLEA Employer Record (State/local/tribal)	Modified
241002	EFMLEA Employer Record (private)	Modified
241001	EFMLEA Employee Notice (Federal)	Unchanged
241000	EFMLEA Employee Notice (State/local/tribal)	Unchanged
240999	EFMLEA Employee Notice (private)	Unchanged
240998	Tax Credit Records (Federal)	Modified
240997	Tax Credit Records (State/local/tribal)	Modified
240996	Tax Credit Records (private)	Modified
240995	Concurrent Leave Notice (Federal)	Removed
240994	Concurrent Leave Notice (State/local/tribal)	Removed
240993	Concurrent leave notice (private)	Removed
240992	Health Benefits Notice (private)	Unchanged
240991	Health Care Provider Certification (Federal)	Removed
240990	Health Care Provider Certification (State/local/tribal)	Removed
240989	Health Care Provider Certification (private)	Removed
240988	Paid Sick Leave Notice of Need for Leave (Federal)	Unchanged
240986	Paid Sick Leave Notice of Need for Leave (state, local, tribal)	Unchanged
240980	Paid Sick Leave Notice of Need for Leave (private)	Unchanged

ICR Details

OMB Control No: 1235-0031	ICR Reference No: 202005-1235-003
Status: Received in OIRA	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	Date Submitted to OIRA: 09/22/2020

	Requested	Previously Approved
Expiration Date	36 Months From Approved	01/31/2021
Responses	11,931,108	7,903,071
Time Burden (Hours)	870,193	801,962
Cost Burden (Dollars)	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: 21

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

---

ICR Summary of Burden

	Total Request	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	11,931,108	7,903,071	0	0	4,028,037	0
Annual Time Burden (Hours)	870,193	801,962	0	0	68,231	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

---

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

---