NT Lakis attorneys have filed written comments with the Department of Labor (DOL) regarding DOL’s recently announced review and possible revision of a survey it wants to use to collect information from employers about complying with the Family and Medical Leave Act (FMLA).
Since the FMLA was enacted in 1993, DOL has conducted three previous surveys on both employers’ and employees’ experiences under the FMLA. The agency’s announced goal in conducting a “Wave 4” survey is to build on previous information collection efforts, and update and expand the evidence about FMLA use and leave-taking experiences. Our comments address only the proposed Wave 4 employer survey.
DOL is seeking public comments on the proposed surveys as part of the clearance process required under the federal Paperwork Reduction Act. Assuming the agency decides to move ahead with the Wave 4 surveys, it will then seek formal approval from the White House Office of Management and Budget (OMB).
Our comments urge DOL to revise the proposed employer survey to gather practical compliance information that will be more meaningful to both employers and DOL, as well as to eliminate asking for information that is not relevant to the FMLA. We also recommended more transparency by the agency when conducting the survey to assuage any concerns that participation will invite a DOL audit.
Members of the Equal Employment Advisory Council (EEAC) can read more here.