TRENTON, N.J. — New Jersey firefighters — along with other paid first responders — will now have explicit job protections when seeking treatment for post-traumatic stress disorder under a new law.
Outgoing Gov. Phil Murphy on Jan. 14 signed S2373/A2145, known as the New Jersey First Responders Post-Traumatic Stress Disorder Protection Act, which bars employers from retaliating against paid first responders who request or take leave related to a qualifying PTSD diagnosis.
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“Our first responders put themselves on the line daily to keep our residents safe,” Murphy said in a statement. “This bill recognizes the real and lasting impact that traumatic experiences can have and ensures that first responders are treated with dignity, compassion and fairness when they need it most.”
Who is covered
According to the governor’s office, the law applies to a broad range of paid first responders, including:
- Firefighters
- Law enforcement officers
- EMTs and paramedics
- Members of duly incorporated first aid, emergency or rescue squad associations
- 911 dispatchers
The law is intended to address the cumulative psychological toll associated with repeated exposure to traumatic incidents, including violent crimes, serious injuries and medical emergencies.
What the law does
Under the new statute, employers are prohibited from discharging, harassing, retaliating against or otherwise discriminating against a paid first responder based on their use of PTSD-related leave.
The law also requires employers to reinstate an employee to their prior position and duties once a mental health professional certifies that the individual is fit to return to work.
To qualify for the protections, a PTSD diagnosis must either be documented in an order issued by a judge in the Division of Workers’ Compensation or diagnosed by a mental health professional who determines the condition resulted from a traumatic event or vicarious trauma experienced in the course of regular or assigned duties.
Enforcement and penalties
The law allows current or former employees to file a civil action in the Division of Workers’ Compensation if they believe an employer violated the statute.
Judges may order remedies that include:
- Civil fines of $5,000 for a first offense and $10,000 for subsequent offenses
- Injunctions to stop continued violations
- Reinstatement to the same or an equivalent position
- Restoration of lost wages, benefits and seniority rights
- Payment of reasonable attorney’s fees and costs
A legislative fiscal estimate found that the law could result in an indeterminate increase in state and local government expenditures, as the number of potential claims and penalties is unknown.
Fire service reaction
Fire service leaders praised the law as a step toward reducing stigma and protecting firefighters who seek help after repeated exposure to traumatic calls.
“As firefighters, we answer the call no matter the emergency, and too often that means facing traumatic scenes that most people will never experience,” said Edward Kelly, general president of the International Association of Fire Fighters. “This bill recognizes that reality by making it illegal for employers to fire, discipline, or harass first responders for seeking treatment so they can recover and return to work.”
Matthew Caliente, president of the Professional Firefighters Association of New Jersey, said the law provides clear job protections for members dealing with service-connected PTSD.
“This law is about fairness and job protection — ensuring that first responders who suffer from service-connected PTSD are not punished for doing the job they were sworn to do,” Caliente said. “It provides clear protections so our members can seek help, remain employed, and support their families without fear of retaliation or career-ending consequences.”
