Navigating the paperwork for service dogs can be overwhelming, but it doesn't have to be.
You'll need to start by gathering documentation from your healthcare provider, including a letter stating your need for a service dog and the specific tasks your dog will perform.
This letter is crucial in establishing your service dog's legitimacy and must be written on your healthcare provider's letterhead.
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Service Dog Laws
Service Dog Laws dictate that employers must permit employees to bring their "service animal in training" into the workplace as a reasonable accommodation, especially if the animal is being trained to assist the employee with work-related tasks.
This means that employees can bring their service animals in training to work, but only if they are being trained to assist with work-related tasks. The untrained animal may be excluded, however, if it becomes a workplace disruption or causes an undue hardship in the workplace.
Employers are obligated to permit service animals in training in the workplace, but they are not obligated to accommodate emotional support animals. The distinction is crucial, as it affects the rights and responsibilities of both employers and employees.
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Service Dog Qualification
To qualify as a service dog, you'll need to meet certain requirements. The dog must have current rabies vaccination, which includes documentation of the product name, lot or serial number, and expiration date of the lot.
You'll also need to have an electronic microchip implanted for identification. This is a crucial step in ensuring your service dog can be easily identified and tracked.
Before arriving in Hawaii, your service dog must pass the OIE-FAVN test with a level of 0.5 I.U. rabies antibody or greater. A passing test result is valid for 3 years and must be repeated every 3 years if continued travel to the state is planned.
The test should be conducted after 12 months of age, and animals in training do not qualify as service animals. This is because the ADA requires that the dog must already be trained before it can be taken into public places.
Here are the key requirements for qualification:
- The dog must have current rabies vaccination.
- The dog must have an electronic microchip implanted for identification.
- The dog must pass the OIE-FAVN test with a level of 0.5 I.U. rabies antibody or greater.
- The dog must have a standard health certificate issued not more than 30 days prior to arrival in Hawaii.
- The task(s) the animal has been trained to perform should be disclosed.
- The service dog must be traveling with the disabled user on arrival in Hawaii.
Service Dog Rights
In the employment setting, employers may be required to permit employees to bring their service animal in training into the workplace as a reasonable accommodation.
This means that if you're training a service animal to assist you with work-related tasks, your employer may need to accommodate you by allowing the animal in the workplace. However, if the animal becomes a disruption or causes an undue hardship, it can be excluded.
Employers may request documentation to establish the existence of a disability and how the service animal helps you perform your job. This documentation might include a detailed description of how the animal would help you in performing job tasks and how it's trained to behave in the workplace.
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Employment
Employers are required to provide reasonable accommodation to individuals with disabilities, which may include allowing a service animal or emotional support animal to accompany them to work.
Employers may request documentation to establish the existence of a disability and how the animal helps the individual perform their job tasks.
A person seeking such an accommodation may suggest that the employer permit the animal to accompany them to work on a trial basis.
If the disability is not obvious and/or the reason the animal is needed is not clear, an employer may request documentation.
Documentation might include a detailed description of how the animal would help the employee in performing job tasks and how the animal is trained to behave in the workplace.
Both service and emotional support animals may be excluded from the workplace if they pose either an undue hardship or a direct threat in the workplace.
Housing
In the housing context, the Fair Housing Act (FHA) protects a person with a disability from discrimination in obtaining housing.
The FHA requires landlords or homeowner's associations to provide reasonable accommodation to people with disabilities, which may include waiving a no-pet rule or a pet deposit for service animals or emotional support animals.
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Emotional support animals that don't qualify as service animals under the ADA may still qualify as reasonable accommodations under the FHA.
Landlords or homeowner's associations may not ask a housing applicant about the existence, nature, and extent of their disability.
However, individuals with disabilities who request a reasonable accommodation may be asked to provide documentation to support their request.
This documentation typically includes certification that the tenant or a member of their family is a person with a disability, the need for the animal to assist with that specific disability, and that the animal actually assists the person with a disability.
It's worth noting that the ADA may apply in the housing context, such as with student housing, and in these cases, requiring documentation or certification would not be permitted for service animals.
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Transportation
Traveling with a service animal can be a bit tricky, but it's essential to know your rights. You cannot be denied access to transportation, even if there's a "no pets" policy.
Service animals are allowed on public and private transportation, including subways, buses, and taxicabs. This means you can use these services without any issues.
You don't need to provide advance notice that you'll be traveling with a service animal. This is a common misconception, but it's not required by law.
You also can't be forced to sit in a particular spot because of your service animal. This means you can choose your seat just like anyone else.
No additional fees can be charged because you're using a service animal. This is a right protected by law, and you shouldn't be penalized for it.
Service Dog General
To qualify as a service dog, the dog must have current rabies vaccination, which includes documentation of the product name, lot or serial number, and expiration date of the lot. The dog must also have an electronic microchip implanted for identification.
The OIE-FAVN test is required for service dogs, with a passing test result valid for 3 years. This test should be conducted after 12 months of age and must be repeated every 3 years if continued travel to the state is planned.
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A standard health certificate is required, issued not more than 30 days prior to arrival in Hawaii, attesting that the dog was treated within 14 days of arrival with a product containing Fipronil or an equivalent long-acting product labeled to kill ticks.
The task(s) the animal has been trained to perform should be disclosed, and the service dog must be traveling with the disabled user on arrival in Hawaii.
Education
Service animals play a vital role in the education system, ensuring students with disabilities receive a free and appropriate education.
In public schools, students with disabilities can have their service animals at school, and the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act allow for animals not meeting the ADA definition of a service animal if deemed necessary by the IEP or Section 504 team.
Schools should be mindful that the use of a service animal is a right not dependent on the decision of an IEP or Section 504 team.
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Emotional support animals, therapy animals, and companion animals are usually not allowed to accompany students in public schools, as the ADA does not contemplate their use.
Colleges and universities must allow people with disabilities to bring their service animals into all areas of the facility open to the public or students.
Higher education institutions may require students with service animals to register with the Disability Services Coordinator, but they cannot demand documentation about the animal's training or certification.
Service Animals
Service animals are incredible companions that assist individuals with disabilities, and understanding the rules and regulations surrounding them is essential. In Hawaii, for example, it's a violation of state law to misrepresent an animal as a service animal, with civil penalties possible as of January 1, 2019.
To qualify as a service dog in Hawaii, the dog must have current rabies vaccination, an electronic microchip implanted for identification, and have passed the OIE-FAVN test with a level of 0.5 I.U. rabies antibody or greater. A passing test result is valid for 3 years and must be repeated every 3 years if continued travel to the state is planned.
In the employment setting, employers may be obligated to permit employees to bring their "service animal in training" into the workplace as a reasonable accommodation. However, the untrained animal may be excluded if it becomes a workplace disruption or causes an undue hardship.
A service dog is defined as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability. This includes dogs that assist individuals who are blind or have low vision with navigation and other tasks, or alert individuals who are deaf or hard of hearing to the presence of people or sounds.
Here are the requirements for service dogs to travel to Hawaii:
- Current rabies vaccination
- Electronic microchip implanted for identification
- Passed the OIE-FAVN test with a level of 0.5 I.U. rabies antibody or greater
- Standard health certificate issued not more than 30 days prior to arrival in Hawaii
- Task(s) the animal has been trained to perform should be disclosed
- Service dog must be traveling with the disabled user on arrival in Hawaii
It's essential to note that the task(s) the animal has been trained to perform should be disclosed, and the service dog must be traveling with the disabled user on arrival in Hawaii.
Frequently Asked Questions
Can you make someone prove they have a service dog?
No, you cannot require proof of a service animal's certification or training. Service animals are protected under the law, and their legitimacy is not up for verification.
Sources
- Airline Passengers with Disabilities Bill of Rights (transportation.gov)
- Aviation Consumer Protection’s article about service animals (transportation.gov)
- http://www.ada.gov (ada.gov)
- http://www.ada.gov/ (ada.gov)
- http://www.fta.dot.gov/civil_rights.html (dot.gov)
- http://www.seeingeye.org (seeingeye.org)
- Service animals in particular are a big commitment (anythingpawsable.com)
- ADA Revised Requirements: Service Animals (ada.gov)
- www.ADA.gov (ada.gov)
- and more (k94life.org)
- Service Dog Test [VIDEO] (youtube.com)
- Service and Assistance Animal FAQ, including Federal and State Laws from Disability Rights Oregon (nwadacenter.org)
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