Credit: (AP Photo/Yuki Iwamura)Paid first responders diagnosed with work-related post-traumatic stress disorder would receive employment protections under a bill lawmakers approved last week.
Employers would be barred from discharging, harassing or discriminating against an employee, or threatening to do so, on the basis that the worker requested any leave related to a qualifying diagnosis of post-traumatic stress disorder, according to the bill, which cleared the Assembly in a unanimous vote.
First responders take care of the community before they take care of their families and themselves, said Assemblywoman Annette Chaparro (D-Hudson), a sponsor of the bill. “And most of them don’t want to bring it home and that’s where they become quiet and they don’t talk about it until they just spiral,” she said.
The push by lawmakers to move the legislation closer to Gov. Phil Murphy’s desk comes during a continuing COVID-19 pandemic that forced first responders to confront stressful, and at times traumatic, situations. But even before the pandemic, first responders faced mental health challenges. It is estimated that 30% of first responders develop behavioral health conditions including, but not limited to, depression and post-traumatic stress disorder, as compared with 20% of the general population, according to a 2018 bulletin from the Substance Abuse and Mental Health Services Administration.
Chaparro said that legislators on both sides of the aisle “care about the first responders’ mental health, their well-being, and we appreciate them and we want to do what’s right for them.”
What’s included in the bill
The bill mandates that an employer must reinstate employees to the position and duties they held prior to their leave when that leave was related to a qualifying diagnosis of post-traumatic stress disorder. The ability to return to work must have been documented by a licensed physician or licensed mental health professional.
To qualify, the diagnosis of post-traumatic stress disorder must be made by a licensed physician or mental health professional. The post-traumatic stress disorder must have come as a direct result of the employee experiencing or witnessing a traumatic event during their regular or assigned duties.
The measure would allow the employer to be sued if they harassed, discriminated or retaliated against an employee, or refused to reinstate them in their original position.
“Folks in the EMS business, or the EMS industry, are called to take care of patients generally at the worst time in their life. And some of those situations that you walk into are things that, despite all of the training, you can’t really prepare yourself for,” said Andy Lovell, a registered paramedic and the chief of Gloucester County EMS.
“If you respond to a situation that may involve a person who is very close in age to your own family member, it’s sometimes difficult not to imagine your own family member in that kind of situation,” Lovell said. “And those are the calls that just leave a lasting impression on you throughout your entire career.”
Lawsuits for employer violations
If an employer discharges, harasses, discriminates or retaliates, or threatens to do so, against the employee, or refuses to reinstate them in their original position, that employee can sue, the bill says. Additionally, the court can order a civil fine of $5,000 for the first violation, $10,000 for each subsequent violation and reinstatement of full fringe benefits and compensation for any lost wages.
“I think the important piece is really for them [first responders] to be able to feel like they can reach out for help, whether that’s support from a supervisor, peer-to-peer programs, external agencies, like therapists and psychiatrists and primary care doctors, where they can … talk through and process some of these issues,” Dr. Keith Stowell, the chief medical officer for Rutgers University Behavioral Health Care, said in an October interview.
The first resource for someone working in emergency medical services is always a partner or co-workers, Lovell said. This includes lending a friendly ear so that a responder doesn’t feel like they are the only one going through it, he said. More formal resources available at the Gloucester County EMS include employee assistance programs that can offer referrals to a professional.
Statewide resources include programs such as Mission Hope, Lovell said. Mission Hope NJ provides support, education and resources for New Jersey first responders and their families struggling with symptoms of post-traumatic stress disorder, vicarious trauma, depression and anxiety.
“The bill is important because it basically tells responders, ‘It’s OK to say I need help,’” Lovell said.
