We are in the final lap of our 2023 legislative update.  It’s been a long haul for everyone, but we have never had as many changes in the world of labor and employment law as we have this year.  As promised, this month we’re wrapping up our review with new laws impacting public safety employees in the state.  As many of you are aware, and as we’ve discussed on several occasions, PTSD has been a growing concern for public safety employees for a number of years, with its impact on both employee wellness and government fiscal resources.  The legislature has responded to concerns on both labor and management sides with a new program aimed at the issue.

Highlights from the law include the following:

• Employers will be reimbursed for the cost of continued health insurance for disabled employees or their dependents (if they are killed in the line of duty) if the employer implements mental health support measures.
• Requiring those who apply for a duty disability based on a psychological condition to provide evidence that the applicant is unable to perform the duties of the position held by the applicant on the date of injury or onset of the mental illness or a position of equal salary and benefits with the same employer.
• Paying those with total and permanent duty disabilities “a monthly disability benefit in an amount equal to 99 percent” of the employee’s monthly salary.
• Requiring employees who apply for duty disability benefits to complete treatment of their condition prior to their application being approved (unless applicants receive a dual diagnosis for physical and psychological injuries). That treatment includes up to 24 consecutive weeks of active treatment at the direction of a mental health professional.
• Employees are to remain on the employer’s payroll while they are receiving treatment for their diagnosed conditions. Employers may be reimbursed for those payments upon application if they have implemented mental health support measures, such as peer support or EAP.
• Employees will receive 99% of their average high-five salary for duty total and permanent disabilities, and employers’ obligations under the workers’ compensation statute are not diminished.

While this law won’t fix all of the problems associated with PTSD and public safety employees, it will ensure that local government entities will receive support from the state if they build programs meant to protect employees from mental health injuries that occur more frequently in public safety occupations.  If employers do not already have mental health support programs in place, they should be working to do so NOW.  In addition, employers must start tracking any and all expenses associated with employee duty disabilities and PTSD treatment immediately, as those expenses will be eligible for reimbursement.  If you, or your organization need any assistance with navigating these new laws, contact Wiley Reber Law, for legal advice that works.