Bill > A5748

Introduced Session

This bill provides requires continued employment for physicians diagnosed with post-traumatic stress disorder under certain conditions. The bill defines "employee" to mean a physician holding a position of paid employment with an employer. "Employer" means an entity that employs physicians. Under the bill, an employer is not to discharge, harass, discriminate, retaliate, or threaten any such action 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 is to reinstate an employee whose fitness to return to work has been documented by a licensed physician or licensed mental health professional, who is someone other than the employee, to the position and duties held by the employee prior to the leave. Under the bill, a diagnosis of post-traumatic stress disorder is qualified if: (1) the diagnosis is made by a licensed physician or licensed mental health professional, who is someone other than the employee; and (2) as determined by the licensed physician or licensed mental health professional, who is someone other than the employee, the post-traumatic stress disorder arose: 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 due to vicarious trauma experienced by the employee as a result of the performance of regular or assigned duties of the employee. The bill provides that an employee or former employee may institute a civil action in the Superior Court for relief upon a violation of the bill's provisions. All remedies available in common law tort actions are to 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 bill's provisions and $10,000 for each subsequent violation; (2) an injunction to restrain the continued violation; (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 Categories

Carol Murphy (D)*, 

Introduced, Referred to Assembly Health Committee (on 06/12/2025)

Official Document