K9 Companions for the Disabled: Learn About Service and Therapy Dogs

golden retriever helper dog

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Traditionally, dogs are pets that are appreciated for their companionship and affection. They are fully dependent on their human owners. Owners might be lonelier if the dogs weren’t around, but it wouldn’t affect their daily tasks. However, not all dogs are pets. Such is the case with assistance and therapy dogs, that is, those animals that undergo extensive training to be able to perform specific tasks. There are several types, but the two major categories are service dogs and therapy dogs.

The relationship between a disabled human being and their service dog is symbiosis. The dog helps the human perform tasks they would otherwise be unable to do and in exchange receives food, shelter, hygiene and love. Service dogs are not pets and are therefore legally permitted into grocery stores and housing that may otherwise not allow animals. However, the law does not apply if the dog is violent or serves as a serious health risk. It is not necessary for a service dog to wear a vest or tag, but many owners choose to dress their dog anyway so others can identify it. Regardless of identification, many people, especially children, do not know proper behavior when a service dog is in the vicinity. Some will try to pet it or speak to it, effectively distracting it from doing the work for which it is intended. This behavior should be discouraged by the owner through the use of verbal explanation or etiquette cards. Service dogs are generally German Shepherds, Labradors or Golden Retrievers.

Therapy dogs are different from service dogs in that they haven’t been trained to assist humans with a variety of activities. Instead, these dogs are stress relievers trained to be “bombproof” against the tugging and hugging of small children in hospitals. They’re also sometimes sent into nursing homes for the benefit of patients suffering from Alzheimer’s disease. Unlike service dogs, most breeds can be a therapy dog with the right training.

The following links lead to assistance dog resources. Included is information about service dogs, their training and what they can be trained to do. There are answers to frequently asked questions about assistance animals. Also provided are specifics about the laws permitting their use as well as proper etiquette both for the owner and the onlooker. The last few links lead to information on how a qualifying individual can apply for an assistance animal.

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Can I Be Fired While On Disability Leave?

The following is a guest post from Alex Granovsky.

CAN I BE FIRED WHILE I AM ON DISABILITY LEAVE – WHAT’S THE DEAL?

Short answer – yes, but….

CAN I BE FIRED WHILE I AM ON DISABILITY LEAVE –BUT I’M ON SHORT TERM/LONG TERM DISABILITY LEAVE?

Short and Long Term disabilities are not job protected.  But, there are cases where you may qualify for leave under the FMLA and/or the ADA.  The FMLA provides you with job protection, and the ADA protects you from discrimination on the basis of your disability.  We detail your protections under the FMLA and ADA below.

CAN I BE FIRED WHILE I AM ON DISABILITY LEAVE –ISN’T IT DISCRIMINATION?

Not necessarily, but it might be.  There are plenty of legal reasons for an employer to fire you.  One reason may be that you are on leave indefinitely and that cannot be accommodated by the employer.  Another reason may be economic/business necessity.  Just because you were terminated and disabled/on leave is not enough – you need to prove that you were terminated because you were disabled/on leave.

The Americans with Disabilities Act (“ADA”) prohibits employment discrimination on the basis of disability (or perceived disability).  The ADA also requires the employer engage in an “interactive process” to determine whether your disability can be “reasonably accommodated.”  Sometimes, a leave of absence may be a reasonable accommodation – at a minimum, your employer is required to investigate/consider (i.e. engage in the interactive process) whether this is possible.

Ultimately, it comes down to why the employer made the decision to terminate.  If the decision is made because of your disability, it very well may be illegal.

CAN I BE FIRED WHILE I AM ON DISABILITY LEAVE –WHAT ABOUT THE FMLA?

The Family Medical Leave Act (“FMLA”) is a federal law that applies to employers that have 50 or more employees. Under the FMLA certain employees may take up to 12 weeks of unpaid leave for certain reasons, like a serious health condition.  Although FMLA is “job-protected” (meaning you should be returned to your prior or equivalent position), you can still be terminated while on FMLA if the reason is not related to the leave and is not otherwise not discriminatory.   If your employer can show that the decision to terminate is unrelated to the FMLA leave, it is legal.

About Granovsky & Sundaresh PLLC Can Help

Granovsky & Sundaresh is a boutique labor and employment law firm with offices in New York City and Cleveland that helps employees with all aspects of employment law.  Our practice specializes in discrimination, severance negotiations, employee wages, medical leave and non-compete/non-disclosure agreements.  We offer free consultations and have a proven track record of results.  If you need help, call us to set up a free consultation today.