S2373 2R

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 ¹[an] a public¹ 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.

²“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.²

¹“Public entity” means the State, any county, municipality, district, public authority, public agency, and any other political subdivision or public body in the State.¹

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 ²[licensed physician or licensed]² 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 ²[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] 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 employee².

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.