SENATE BUDGET AND APPROPRIATIONS COMMITTEE

STATEMENT TO

[First Reprint]

SENATE, No. 2373

with committee amendments

STATE OF NEW JERSEY

DATED:  JUNE 26, 2025

      The Senate Budget and Appropriations Committee reports favorably and with committee amendments Senate Bill No. 2373 (1R).

      As amended and reported, 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 amended 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 amended bill defines “employer” as a public entity that employs paid first responders.

      Under the amended 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 amended 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 amended 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.

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

      (1) provide that a diagnosis of PTSD qualifies under the bill if it is memorialized in an order of a judge of the Worker’s Compensation Division under certain circumstances, by stipulation of the employer and employee, or if the diagnosis is made by a qualified mental health professional; and

      (2) create a definition for “mental health professional” to include 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.

FISCAL IMPACT:

      Fiscal information for this bill is currently unavailable.