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Bill

Bill

A 2238

Provides certain employment protections for certified doulas.

2026-2027 Regular Session Introduced by Shanique Speight and 1 co-sponsor

Protects certified doulas from employer retaliation for missing work to attend births, with advance notice; allows remedies, but no mandatory wage payment.

Introduced, Referred to Assembly Community Development and Women's Affairs Committee
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WeVote Research Nonpartisan
Bill Summary · A 2238

Summary of Bill A-2238 (Session 222, New Jersey)

Purpose

To provide certain employment protections for certified doulas in New Jersey. The bill prohibits employers from discharging, harassing, discriminating against, or retaliating against employees who fail to report to work due to duties as a certified doula attending a birth in active labor, provided advance notice is given.

Key Provisions

  • Protected conduct: An employer may not retaliate or discriminate against an employee over missing work to attend a birth as a certified doula in active labor, as long as the employee gives at least 1 hour of advance notice before the expected birth-related attendance. If advance notice is not feasible, the employee must provide notice as soon as practicable.

  • Payment for missed time: Employers are not required to pay for the work time missed due to doula duties. The employee may, however, charge the absence as a vacation day or a sick day if such days are available.

  • Enforcement and remedies: If an employer violates the protections, the employee or former employee may file a civil action in Superior Court. Available remedies include:

    • Civil fines: not less than $1,000 for the first violation and not more than $2,000 for the first violation; not less than $5,000 for each subsequent violation.
    • Injunctive relief to stop ongoing violations.
    • Reinstatement to the same or a substantially equivalent position.
    • Reinstatement of fringe benefits and seniority rights.
    • Compensation for lost wages, benefits, and other remuneration.
    • Payment of reasonable costs and attorney’s fees.

  • Definition of “certified doula”: A trained professional who provides continuous physical, emotional, and informational support before, during, and shortly after childbirth, who maintains certification from a doula training program approved by the New Jersey Department of Human Services.

  • Effective date: The act takes effect immediately upon enactment.

Who Is Affected

  • Employees who are certified doulas (and potentially former employees) working for New Jersey employers.
  • Employers in New Jersey subject to Title 34 of the Revised Statutes, who would need to accommodate doula-related leave in compliance with the protections.
  • Doula training programs recognized or approved by the New Jersey Department of Human Services for the purpose of eligibility as a “certified doula.”

Procedural and Timeline Aspects

  • Introduction and referral: Introduced January 13, 2026; referred to the Assembly Committee on Community Development and Women’s Affairs.
  • Effective date: Immediate upon enactment (the bill specifies it would take effect right away if enacted).

Notes for Stakeholders

  • The bill explicitly clarifies that while employers are not obligated to pay for the time missed (unless the doula uses available vacation or sick days), employees can seek relief and remedies if protected rights are violated.
  • The remedy structure includes both civil monetary penalties and equitable relief, as well as reinstatement and compensation for losses.

This summary captures the bill’s main intent, protections for certified doulas, employer obligations, enforcement mechanisms, and practical implications for payroll and benefits. If you’d like, I can provide a side-by-side comparison with current NJ law or potential fiscal impact analysis.

Compiled from official sources — confirm details with the bill’s official record.

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