One January 14, 2026, Gov. Murphy signed the First Responders Post-Traumatic Stress Disorder Protection Act into law. The Act provides a degree of job protection to a broad range of paid first responders who have requested or taken a leave related to what is termed a “qualifying” diagnosis of post-traumatic stress disorder. The Act provides this job protection by guaranteeing that a first responder who has taken such leave will be restored to their prior position once they are cleared to return to work by a mental health professional.
As the Act has just been signed into law, there are not yet any decisions to interpretive guidance on how the Act will be applied. Nonetheless, there are some significant points that should be noted at this time.
The Act applies to public entities, including the State, and any County, municipality, or district. It is applicable only to paid first responders who have been diagnosed with PTSD in a “critical incident.” Critical incident is defined to include a lengthy list of incidents, which include exchanges of gunfire, serious bodily injury, the visible or audible witnessing of the death or maiming or one or more persons, and the response to or direct involvement in an investigation regarding the drowning or near drowning of a minor, among others.
The Act defines a mental health professional to include individuals who maintain a clinical practice, have been approved by an employer and employee, and is professionally licensed by certain organizations outlined in the Act. These organizations include the State Board of Creative Arts and Activities Therapy, the State Board of Marriage and Family Therapy Examiners, the New Jersey Board of Nursing, “or any other entity created hereafter under Title 45 to license or otherwise regulate a mental health profession.” Diagnosis is thus not limited to simply licensed physicians.
To make a claim under this Act employees or former employees may institute the action in the Division of Workers Compensation, not the Superior Court. When a Judge of Compensation determines there has been a violation of this Act, the remedies that may be ordered include all of those available in Section 28.2 of the Worker’s Compensation Act (Powers of Judges of Compensation). These include an assessment of a civil fine of $5000 for the first violation and $10,000 for each subsequent violation; an injunction to restrain the continued violation of any provision; reinstatement of the employee; reinstatement of full fringe benefits and seniority rights; compensation for any lost wages, benefits and other remuneration; and payment of reasonable costs and attorneys fees. Any action under the Act must be filed within one year of the date of the alleged violation. This new Act also constitutes the sole remedy for a violation of the provisions of this Act.
New Jersey public employers should ensure that their policies are updated to address these new employee protections, and ensure that any supervisors who respond to leave requests are trained on the Act. If you have any questions about the Act or encounter employees with potential PTSD leave issues, please reach out to the Workers’ Compensation and Employment attorneys of Brown & Connery, LLP.
By: Alfred P. Vitarelli, Counsel at Brown & Connery, LLP