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

S3489

SENATE, No. 3489

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 12, 2026

Sponsored by:

Senator� JAMES BEACH

District 6 (Burlington and Camden)

SYNOPSIS

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

CURRENT VERSION OF TEXT

���� As introduced.

��

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
a public
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.

����
�Mental
health professional� means a person
who
maintains a clinical practice and has been approved by an employer and employee
and is a professional licensed by the Alcohol and Drug
Counselor Committee; the State Board of Creative Arts and Activities Therapies;
the State Board of Marriage and Family Therapy Examiners; the State Board of
Medical Examiners; the Professional Counselor Examiners Committee; the
Certified Psychoanalysts Advisory Committee; the State Board of Psychological
Examiners; the State Board of Social Work Examiners; the New Jersey Board of
Nursing or any other entity created hereafter under Title 45 to license or
otherwise regulate a mental health profession.

���� �Public entity� means the
State, any county, municipality, district, public authority, public agency, and
any other political subdivision or public body in the State.

�����
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 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 memorialized in an order of a judge of the Division of Workers'
Compensation concerning the employer and employee and the traumatic injury or
exposure which makes up the basis for the claim, upon motion or after a plenary
trial or by stipulation of the employer and employee; or

����� (2)
the diagnosis is the result of an examination of the employee by a mental
health professional who reports the diagnosis of post-traumatic stress disorder
and determines that it 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
work-related post-traumatic stress disorder (PTSD) under certain
circumstances.�

���� Under the bill, an employer is
prohibited from discharging, harassing, or otherwise discriminating or
retaliating 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 defines �employer� as a public entity that employs
paid first responders.

���� Under the bill, a PTSD
diagnosis qualifies if:

���� (1) it is memorialized in an
order of a judge of the Division of Workers' Compensation concerning the
employer and employee, and the traumatic injury or exposure which makes up the
basis for the claim, upon motion or after a plenary trial or by stipulation of
the employer and employee; or

���� (2) the diagnosis is admitted
by the employer after the employee is examined by a mental health professional
who reports the diagnosis and determines that it 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.

���� 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 for a first violation 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.