New Jersey A 995: Requires continued employment for physicians diagnosed with post-traumatic stress disorder under certain conditions.

Bill Text

A995 

ASSEMBLY, No. 995 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman CAROL A. MURPHY

District 7 (Burlington)

SYNOPSIS

���� Requires continued employment for physicians 
diagnosed with post-traumatic stress disorder under certain conditions.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act concerning physicians 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 Physicians 
Post-Traumatic Stress Disorder Protection Act.�

���� 2.��� As used in this act:

���� "Employee" means a physician holding a position of paid employment 
with an employer.

���� "Employer" means an 
entity that employs physicians.

���� "Physician" means a 
physician licensed pursuant to Title 45 of the Revised Statutes.

���� 3.��� a.� An employer shall 
not discharge, harass, discriminate, retaliate, or threaten any such action 
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 someone other than 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 who is someone 
other than the employee; and

���� (2)� , as determined by the 
licensed physician or licensed mental health professional, who is someone other 
than the employee, the post-traumatic stress disorder 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.

���� 4.��� a.� An employee or 
former employee may institute a civil action in the Superior Court for relief 
upon a violation of any of the provisions of section 3 of this act.� All 
remedies available in common law tort actions shall be available to a 
prevailing plaintiff.� The court may also order: 

���� (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 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; or

���� (6)� payment of reasonable 
costs and attorney's fees. 

���� b.��� A person, bringing an 
action under this act, shall file the action within one year from 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 shall take 
effect immediately.

STATEMENT

���� This bill provides requires 
continued employment for physicians diagnosed with post-traumatic stress 
disorder under certain conditions.

���� The bill defines 
"employee" to mean a physician 
holding a position of paid employment with an employer.� "Employer" 
means an entity that employs physicians.

���� Under the bill, an employer is 
not to discharge, harass, discriminate, retaliate, or threaten any such action 
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 is to reinstate an employee whose fitness to 
return to work has been documented by a licensed physician or licensed mental 
health professional, who is someone other than the employee, to the position 
and duties held by the employee prior to the leave.

���� Under the bill, a diagnosis of 
post-traumatic stress disorder is qualified if:� (1) the diagnosis is made by a 
licensed physician or licensed mental health pr