Bill Text: NJ A5770 | 2020-2021 | Regular Session | Introduced
Bill Title: Provides employment protections for certain medical professionals diagnosed with post-traumatic stress disorder under certain conditions.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-05-18 - Introduced, Referred to Assembly Labor Committee [A5770 Detail]
Download: New_Jersey-2020-A5770-Introduced.html
Sponsored by:
Assemblyman BRIAN BERGEN
District 25 (Morris and Somerset)
SYNOPSIS
Provides employment protections for certain medical professionals diagnosed with post-traumatic stress disorder under certain conditions.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain medical professionals 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 Medical Professional Post-Traumatic Stress Disorder Protection Act."
2. As used in this act:
"Employee" means 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.
"Employer" means an entity that employs paid medical professionals.
"Mental health professional" means a person who provides mental health services and is licensed or otherwise authorized, pursuant to Title 45 of the Revised Statutes, to practice a health care profession that is regulated by one of the following : the State Board of Medical Examiners; the State Board of Psychological Examiners; the State Board of Social Work Examiners; the State Board of Marriage and Family Therapy Examiners; the Alcohol and Drug Counselor Committee; the Professional Counselor Examiners Committee; and the Certified Psychoanalysts Advisory Committee.
"Minor" means a person under the age 18 of years.
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 who is treating the employee 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. Upon a violation of any of the provisions of section 3 of this act, an employee or former employee may institute a civil action in the Superior Court for relief. 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 be commenced 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 is intended to affirm certain rights of employees under the circumstances specified in this act, and shall not be construed as reducing, limiting, or curtailing any rights of any employee provided by law.
6. This act shall take effect immediately.
STATEMENT
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.
