3. a. An employer shall not discharge, harass, or otherwise discriminate or retaliate or threaten to discharge, harass, or otherwise discriminate or retaliate 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. Following a period of leave related to a qualifying diagnosis of post-traumatic stress disorder, an employer shall reinstate an employee whose fitness to return to work has been documented by a mental health professional to the position and duties held by the employee prior to the leave.
b. A diagnosis of post-traumatic stress disorder is qualified under subsection a. of this section if:
(1) the diagnosis is memorialized in an order of a judge of the Division of Workers' Compensation concerning the employer and employee and the traumatic injury or exposure which makes up the basis for the claim, upon motion or after a plenary trial or by stipulation of the employer and employee; or
(2) the diagnosis is the result of an examination of the employee by a mental health professional who reports the diagnosis of post-traumatic stress disorder and determines that it arose:
(a) as a result of the employee experiencing or witnessing a traumatic event during and within the scope of the performance of regular or assigned duties of the employee; or
(b) due to vicarious trauma experienced by the employee as a result of the performance of regular or assigned duties of the employee.