Provides employment protections for paid first responders diagnosed with post-traumatic stress disorder under certain conditions.

A2356

ASSEMBLY, No. 2356

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman WILLIAM F. MOEN, JR.

District 5 (Camden and Gloucester)

Assemblyman STERLEY S. STANLEY

District 18 (Middlesex)

Assemblyman JOE DANIELSEN

District 17 (Middlesex and Somerset)

Co-Sponsored by:

Assemblyman Bergen, Assemblywomen Murphy, Park, Assemblymen
Freiman, Sampson, Assemblywomen Quijano, Speight, Swain, Lopez,
Reynolds-Jackson, Assemblyman Sauickie, Assemblywoman Fantasia, Assemblyman
Rodriguez, Assemblywoman Flynn, Assemblymen Inganamort, Peterson, Assemblywoman
Drulis, Assemblymen Verrelli, Karabinchak, Assemblywoman Bagolie, Assemblymen
Barlas and Azzariti Jr.

SYNOPSIS

���� Provides employment protections for paid first
responders diagnosed with post-traumatic stress disorder under certain
conditions.

CURRENT VERSION OF TEXT

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

��

An Act
concerning paid first responders and post-traumatic
stress disorder and supplementing Title 34 of the Revised Statutes.

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

���� 1.��� This act shall be known
as the "New Jersey First Responders Post-Traumatic Stress Disorder
Protection Act.�

���� 2.��� As used in this act:

���� "Employee" means a
first responder holding a position of paid employment with an employer.

���� "Employer" means an
entity that employs paid first responders.

���� �First responder� means a law
enforcement officer; paid firefighter; paid member of a duly incorporated first
aid, emergency, ambulance, or rescue squad association; paid emergency medical
technician; paid paramedic; or paid 9-1-1 first responder dispatcher.

���� �Law enforcement officer�
means a person employed as a permanent full-time member of any federal, State,
county or municipal law enforcement agency, department, or division of those
governments who is statutorily empowered to act for the detection, investigation,
arrest, conviction, detention, or rehabilitation of persons violating the
criminal laws of this State or of the United States and statutorily required to
successfully complete a training course approved by the Police Training
Commission pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), or certified by
the commission as being substantially equivalent to an approved course.

���� 3.��� 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 compensation, terms, conditions, duties, or privileges of
employment on the basis that the employee took or requested any leave related
to a qualifying diagnosis of post-traumatic stress disorder.� Following a
period of leave related to a qualifying diagnosis of post-traumatic stress
disorder, an employer shall reinstate an employee whose fitness to return to
work has been documented by a licensed physician or licensed mental health
professional to the position and duties held by the employee prior to the
leave.

���� b.� A diagnosis of
post-traumatic stress disorder is qualified under subsection a. of this section
if:

���� (1)�� the diagnosis is made by
a licensed physician or licensed mental health professional; and

���� (2)�� as determined by the
licensed physician or licensed mental health professional, the post-traumatic
stress disorder arose:

���� (a)�� as a result of the
employee experiencing or witnessing a traumatic event during and within the
scope of the performance of regular or assigned duties of the employee; or

���� (b)�� due to vicarious trauma
experienced by the employee as a result of the performance of regular or
assigned duties of the employee.

���� 4.��� a.� An employee or
former employee may institute a civil action in the Superior Court for relief
upon a violation of any of the provisions of section 3 of this act.� 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 $5,000 for the first violation of any of the provisions of section 3 of
this act and $10,000 for each subsequent violation;

���� (2)�� an injunction to
restrain the continued violation of any of the provisions of section 3 of this
act;

���� (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; or

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

���� b.��� An action brought under
this section shall commence within one year of the date of the alleged
violation.

���� c.���� A private cause of
action provided for in this section shall be the sole remedy for a violation of
this act.

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

STATEMENT

����� This bill establishes employment protections for paid
first responders who are diagnosed with certain cases of work-related
post-traumatic stress disorder (PTSD).

����� Under the bill, an employer would be prohibited from
discharging, harassing, or otherwise discriminating against an employee, or
threatening to do so, with respect to the compensation, terms, conditions,
duties, or privileges of employment on the basis that the employee took or
requested any leave related to a qualifying diagnosis of PTSD.

����� 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 $5,000 and
$10,000 for each subsequent violation;

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

����� (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; or

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