Bill > A5830

Introduced Session

This bill provides certain employment protections for an employee who fails to report for work because of the employee's duty as a certified doula to attend a birth for a client who is in active labor. Under the bill, an employer would be prohibited from discharging, harassing, or otherwise discriminating or retaliating or threatening the same against an employee with respect to the hiring, compensation, terms, conditions, or privileges of employment on the basis that the employee fails to report for work as a result of the employee's duty as a certified doula to attend a birth for a client who is in active labor. This protection is available, however, only if theemployee provides the employer with advance notice at least one hour before the need to attend a birth in the employee's capacity as a certified doula. If advance notice is not feasible, the employee will provide notice as soon as practicable. The provisions of the bill do not require an employer to pay an employee who misses work because that employee is rendering certified doula services. However, the bill permits an employee to charge the absence as a vacation or a sick day and in that way be paid for the day. 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 not less than $1,000 and not more than $2,000 for the first violation of any of the provisions of this section and not more than $5,000 for each subsequent violation; (2) an injunction to restrain the continued violation of any of the provisions of this section; (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; and (6) payment of reasonable costs and attorney's fees. The bill defines a "certified doula" as a trained professional who provides continuous physical, emotional, and informational support to a pregnant woman before, during, and shortly after childbirth and who has received and maintains certification to perform doula services from a doula training program approved by the New Jersey Department of Human Services.

AI Summary

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Shanique Speight (D)*, 

Introduced, Referred to Assembly Labor Committee (on 06/16/2025)

Official Document