Bill > S3489

Introduced Session

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 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 bill defines "employer" as a public entity that employs paid first responders. Under the 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 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 for a first violation 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.

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Jim Beach (D)*, 

Withdrawn Because Approved P.L.2025, c.272. (on 02/12/2026)

Official Document