Bill Text: NJ S4185 | 2026-2027 | Regular Session | Introduced
Bill Title: Provides certain employment protections for certified doulas.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-05-11 - Introduced in the Senate, Referred to Senate Labor Committee [S4185 Detail]
Download: New_Jersey-2026-S4185-Introduced.html
Sponsored by:
Senator ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
Provides certain employment protections for certified doulas.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain employment protections for certified doulas and supplementing Title 34 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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 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 provided the employee 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 shall provide notice as soon as practicable.
b. No employer shall be required to pay any employee for any work time that the employee misses while serving as a certified doula pursuant to subsection a.; provided, however, a certified doula may charge the absence as a vacation day or a sick day, if the certified doula has such days available.
c. Upon a violation of subsection a. of this section, 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 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.
d. As used in this section, "certified doula" means 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.
2. This act shall take
effect immediately.
STATEMENT
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 the
employee 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.
