A2886

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 an entity that employs paid first responders.

“First responder” means a law enforcement officer, paid firefighter, or paid member of a duly incorporated first aid, emergency, ambulance, or rescue squad association.

“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.

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 licensed physician or licensed 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 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 direct 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 direct 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 or section 4 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;

(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 certain cases of work-related post-traumatic stress disorder (PTSD).

Under the bill, an employer would be prohibited from discharging, harassing, or otherwise discriminating 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. Under the bill, a PTSD diagnosis qualifies if it is made by a licensed physician or licensed mental health professional and as determined by the practitioner, the post-traumatic stress disorder arose:

(1) as a direct 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

(2) due to vicarious trauma experienced by the employee as a direct 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 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;

(6) payment of reasonable costs and attorney's fees.

The bill defines a “first responder” to include a law enforcement officer, paid firefighter, or paid member of a duly incorporated first aid, emergency, ambulance, or rescue squad association. “Law enforcement officer” is defined in the bill as 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 or certified by the commission as being substantially equivalent to an approved course.