Provides certain employment protections for certified doulas.

A2238

ASSEMBLY, No. 2238

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

Assemblyman� ANTHONY S. VERRELLI

District 15 (Hunterdon and Mercer)

SYNOPSIS

���� Provides certain employment protections for certified
doulas.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning certain employment protections for certified
doulas and supplementing Title 34 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� a.� An employer shall
not discharge, harass, or otherwise discriminate or retaliate or threaten to
discharge, harass, or otherwise discriminate or retaliate against an employee
with respect to the hiring, compensation, terms, conditions, or privileges of
employment on the basis that the employee fails to report for work as a result
of the employee�s duty as a certified doula to attend a birth for a client who
is in active labor provided the employee provides the employer with advance
notice at least one hour before the need to attend a birth in the employee�s
capacity as a certified doula.� If advance notice is not feasible, the employee
shall provide notice as soon as practicable.

���� b.��� No employer shall be
required to pay any employee for any work time that the employee misses while
serving as a certified doula pursuant to subsection a.; provided, however, a certified
doula may charge the absence as a vacation day or a sick day, if the certified
doula has such days available.

���� c.��� Upon a violation of
subsection a. of this section, an employee or former employee may institute a
civil action in the Superior Court for relief.� All remedies available in
common law tort actions shall be available to a prevailing plaintiff.� The
court may also order any or all of the following relief:

���� (1)� an assessment of a civil
fine of not less than $1,000 and not more than $2,000 for the first violation
of any of the provisions of this section and not more than $5,000 for each
subsequent violation;

���� (2)� an injunction to restrain
the continued violation of any of the provisions of this section;

���� (3)� reinstatement of the
employee to the same position or to a position equivalent to that which the
employee held prior to unlawful discharge or retaliatory action;

���� (4)� reinstatement of full
fringe benefits and seniority rights;

���� (5)� compensation for any lost
wages, benefits and other remuneration; and

���� (6)� payment of reasonable
costs and attorney's fees.

���� d.��� As used in this section,
�certified doula� means a trained professional who provides continuous
physical, emotional, and informational support to a pregnant woman before,
during, and shortly after childbirth and who has received and maintains
certification to perform doula services from a doula training program approved
by the New Jersey Department of Human Services.

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill provides certain
employment protections for an employee who fails to report for work because of the
employee�s duty as a certified doula to attend a birth for a client who is in
active labor.

���� Under the bill, an employer
would be prohibited from discharging, harassing, or otherwise discriminating or
retaliating or threatening the same against an employee with respect to the
hiring, compensation, terms, conditions, or privileges of employment on the
basis that the employee fails to report for work as a result of the employee�s
duty as a certified doula to attend a birth for a client who is in active labor.�
This protection is available, however, only if the

employee provides the employer with
advance notice at least one hour before the need to attend a birth in the
employee�s capacity as a certified doula.� If advance notice is not feasible,
the employee will provide notice as soon as practicable.

���� The provisions of the bill do
not require an employer to pay an employee who misses work because that
employee is rendering certified doula services.� However, the bill permits an
employee to charge the absence as a vacation or a sick day and in that way be
paid for the day.

���� The bill provides that if an
employer violates its provisions, an employee or former employee would be
authorized to institute a civil action in the Superior Court for relief. �All
remedies available in common law tort actions would be available to a
prevailing plaintiff. Additionally, the bill provides that a court would be
authorized to order any or all of the following relief:

���� (1)� an assessment of a civil
fine of not less than $1,000 and not more than $2,000 for the first violation
of any of the provisions of this section and not more than $5,000 for each
subsequent violation;

���� (2)� an injunction to restrain
the continued violation of any of the provisions of this section;

���� (3)� reinstatement of the
employee to the same position or to a position equivalent to that which the
employee held prior to unlawful discharge or retaliatory action;

���� (4)� reinstatement of full
fringe benefits and seniority rights;

���� (5)� compensation for any lost
wages, benefits and other remuneration; and

���� (6)� payment of reasonable
costs and attorney's fees.

���� The bill defines a �certified
doula� as a trained professional who provides continuous physical, emotional,
and informational support to a pregnant woman before, during, and shortly after
childbirth and who has received and maintains certification to perform doula
services from a doula training program approved by the New Jersey Department of
Human Services.