ASSEMBLY APPROPRIATIONS COMMITTEE

STATEMENT TO

[Second Reprint]

SENATE, No. 2373

with committee amendments

STATE OF NEW JERSEY

DATED:  JANUARY 8, 2026

      The Assembly Appropriations Committee reports favorably and with committee amendments Senate Bill No. 2373 (2R).

As amended, 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 an action in the Division of Workers’ Compensation for relief, and the relief available for a successful claim would be the remedies provided under the workers’ compensation law, with the judge of compensation having the discretion to order the following additional 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 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.

      As amended, the bill revises existing law concerning workers’ compensation coverage for first responders to match the definition of “mental health professional” to the definition of “mental health professional” in the bill.

      As amended and reported by the committee, Senate Bill No. 2373 (2R) is identical to Assembly Bill No. 2145, which was also amended and reported by the committee on this date.

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

      (1) require that a claim concerning a violation of the bill be made in the Division of Workers’ Compensation, and that relief for a successful claim would be remedies provided under the workers’ compensation law, with the judge of compensation having the discretion to order the remedies already provided for in the bill; and

      (2) amend existing law concerning workers’ compensation coverage for first responders to match the definition of “mental health professional” to the definition of “mental health professional” in the bill as amended.

FISCAL IMPACT:

      Fiscal information for this bill is currently unavailable.