Bill > A5770

Introduced Session

This bill establishes employment protections for certain medical professionals who are diagnosed with certain cases of work-related post-traumatic stress disorder. 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 post-traumatic stress disorder. The bill also provides that following a period of leave related to a qualifying diagnosis of post-traumatic stress disorder, an employer would be required to reinstate an employee whose fitness to return to work was documented by a licensed physician or licensed mental health professional. Under the bill, reinstatement would be to the position and duties held by the employee prior to the leave. 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 "employee" as a medical professional providing health care services to natural persons, including but not limited to a physician, podiatrist, dentist, nurse, optometrist, chiropractor, physical therapist, occupational therapist, pharmacist, psychologist, dietitian, psychiatric social worker or speech therapist.

AI Summary

Committee Categories

Brian Bergen (R)*,  Kevin Rooney (R)*, 

Introduced, Referred to Assembly Labor Committee (on 05/18/2021)