Office of Legislative Services
State House Annex
P.O. Box 068
Trenton, New Jersey 08625
Legislative Budget and Finance Office
Phone (609) 847-3105
Fax (609) 777-2442
www.njleg.state.nj.us
LEGISLATIVE FISCAL ESTIMATE
ASSEMBLY, No. 2145
STATE OF NEW JERSEY
221st LEGISLATURE
DATED: MARCH 3, 2025
SUMMARY
Synopsis: Provides employment protections for paid first responders diagnosed
with post-traumatic stress disorder under certain conditions.
Type of Impact: Annual increase in State expenditures; potential annual local
expenditure increase.
Agencies Affected: The Judiciary; Department of the Treasury - Division of Pensions and
Benefits; State and local entities employing paid first responders.
Office of Legislative Services Estimate
Annual Fiscal Impact
State Expenditure Increase Indeterminate
Potential Local Expenditure Increase Indeterminate
The Office of Legislative Services (OLS) concludes that the bill would result in an
indeterminate increase in annual State expenditures to the Judiciary for the Superior Court to
oversee civil actions that certain paid first responders are permitted to institute against their
employer under the bill.
The OLS further finds that the bill would result in an indeterminate increase in the expenditures
of any State or local government entity that is found to be in violation of the bill by the Superior
Court as a result of financial penalties imposed by the court. Specific data concerning the
number of cases that could be brought under the bill were unavailable from the Administrative
Office of the Courts when requested by the OLS. The number of successful civil actions and
the extent of the penalties imposed in each case are unknown. Therefore, the amount of the
State and local expenditure increase is indeterminate.
The Division of Pensions and Benefits could incur additional annual costs as a result of
increased use of healthcare services by government employees, as required for eligibility for
certain employment protections established by the bill.
FE to A2145
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BILL DESCRIPTION
This bill would prohibit an entity that employs paid first responders from discriminating or
retaliating 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.
The bill further requires that an employer reinstate an employee whose fitness to return to work
has been documented by a licensed physician or mental health professional, following a period of
leave related to a qualifying post-traumatic stress disorder diagnosis, to the position and duties
held by the employee prior to the leave.
The bill would apply to post-traumatic stress disorder diagnoses wherein: (1) the diagnosis is
made by a licensed mental health professional; and (2) the licensed physician or licensed mental
health professional determines that the post-traumatic stress disorder arose under certain
conditions related to the performance of regular or assigned duties of the employee.
The bill would permit an employee or former employee to institute a civil action in the Superior
Court for relief upon a violation of the provisions of the bill. The bill provides the following relief
that the court may order: (1) a civil fine of $5,000 for a first offense and $10,000 for a subsequent
offense; (2) an injunction to restrain the continued violation; (3) reinstatement of the employee to
the same or equivalent position; (4) reinstatement of full fringe benefits and seniority rights; (5)
compensation for any lost wages, benefits, or other remuneration; or (6) the payment of reasonable
costs and attorney’s fees.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS concludes that the bill would result in an indeterminate increase in annual State
expenditures to the Judiciary for the Superior Court to oversee civil actions that certain paid first
responders are permitted to institute against their employer under the bill. The OLS further finds
that the bill could result in an annual indeterminate increase in costs to the Division of Pensions
and Benefits through an increase in the use of healthcare services by government employees, as
required for eligibility for the employment protections established by the bill.
In the event that a State or local government entity that employs paid first responders is found
to have violated the provisions of the bill, the OLS concludes that the government entity would
experience an indeterminate increase in expenditures as a result of penalties imposed by the court.
Upon request to the Administrative Office of the Courts, specific data concerning the number of
cases that could be brought under the bill were unavailable. The number of successful civil actions
and the extent of the penalties that could be imposed in each case are unknown. Therefore, the
amount of the increase in expenditures is indeterminate. FE to A2145
3
Section: Local Government
Analyst: Grace Ahlin
Assistant Fiscal Analyst
Approved: Thomas Koenig
Legislative Budget and Finance Officer
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the
failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).