ASSEMBLY LABOR COMMITTEE

STATEMENT TO

ASSEMBLY, No. 5792

with committee amendments

STATE OF NEW JERSEY

DATED:  JUNE 16, 2025

      The Assembly Labor Committee reports favorably and with committee amendments Assembly Bill No. 5792.

This bill, as amended, requires employers of first responders, including paid 9-1-1 first responder dispatchers, law enforcement officers, paid firefighters, and paid EMS responders, to provide for workers’ compensation coverage of counseling services in certain situations.

     Under the bill, an employer of a first responder is required to provide for up to 12 hours of paid confidential counseling compensable under the provisions of the workers’ compensation law, R.S.34:15-1 et seq., with a mental health professional to a first responder who experiences a critical incident in the course of the first responder’s employment. The bill provides that the counseling would be in addition to, and separate from, any benefits already provided by an employer sponsored health plan or a group health insurance trust fund. The bill also permits an eligible first responder to select a mental health professional to provide counseling.

     The bill further provides that if a mental health professional determines that the first responder would benefit from additional hours of licensed counseling beyond the initial 12 hours and that the additional hours of licensed counseling are likely to improve the first responder’s condition, the employing agency of the first responder is required to pay for up to an additional 24 hours of licensed counseling.

     All of the hours of counseling authorized under the bill are required to be completed within one year after the first responder’s first visit to a mental health professional. The employing agency of the first is prohibited from requiring the use of accrued annual or vacation leave, personal leave, sick leave, or any other paid leave if a counseling session scheduled pursuant occurs during the first responder’s established work hours.

     Under the bill, “critical incident” is defined to include events such as firing a weapon, being involved in an exchange of gun fire, receiving a serious bodily injury, witnessing certain serious bodily injuries and deaths, and being involved in certain investigations related to minors.

     Additionally, the bill provides that interactions related to mental health support between a law enforcement officer and a resiliency program officer or a member of a peer support team shall be confidential. A resiliency program officer or a member of a peer support team shall not be required to disclose mental health support related communications with another law enforcement officer, except if the law enforcement officer is reasonably believed to be a risk to themselves or others or when there is evidence of the commission of a crime by the law enforcement officer.

COMMITTEE AMENDMENTS:

      The committee amended the bill to expand the definition of “first responder” to include paid 9-1-1 first responder dispatchers and paid EMS responders, in addition to law enforcement officers and paid firefighters.