Tales from the HR Hotline: Dog Days of Summer

Our Advisors field a wide range of HR and Safety questions from our members each day on the HR Hotline and Advisor Chat in mozzo. In this series, we're taking common, or sometimes incredibly unique, questions, similar to what we’ve received and sharing how our Advisor team would respond.  

In this edition, our experts field questions about establishing a pet bereavement policy, whether or not they can reject an applicant over a service dog in the office, and how to address an employee who wants to start bringing her "emotional support" animal into the office. 

The scenarios below are anonymized and reflect questions similar to those received by our team. They may combine elements from multiple real-world situations.  

Question: One of our managers just lost their beloved pet and we want to offer bereavement leave to mourn the loss of their furry family member. Can we offer this type of leave on an ad hoc basis or does it need to be a formal policy?

Answer: While a formal policy does not have to exist for each and every situation, employers need to be cautious. They must be consistent when administering time off, so offering a pet bereavement leave would obligate the employer to offer this type of leave to others, as well. We would probably not recommend creating a policy of this type in most circumstances, due to the high likelihood of abuse and difficulty administering the details. The suggestion would be to allow the employee to use their vacation time or PTO for some time away, as needed and available. If the employee has exhausted their bank, they may offer an unpaid personal leave.

Related mozzo™ resource: Personal Leave Policy

Question: We had an applicant interview with a service animal present. I know we must accommodate a service animal, but we are a small office and one of our employees is extremely afraid of dogs. We are uncertain whether to hire this individual because of the dog. What do you advise?

Answer: The Washington State Law Against Discrimination (WLAD) makes it very clear that employers may not discriminate against a person with a disability who uses a trained dog guide or service animal.

The employer may exclude any service animal that is a direct threat to the safety of others. So, dogs with aggressive behavior [barking and growling] may be excluded from the workplace. Dogs with disruptive behavior, for example, dogs who initiate unsolicited contact with people other than their owner (jumping on people, sniffing them, trying to be petted, etc.) may also be excluded.

Any exclusion must be for reasons that are demonstrable, not speculative. In other words, you may not make assumptions (speculate) about how a particular animal is likely to behave based on one’s past experience with other animals. Each situation must be considered individually.

The best course of action, after hire, is to explain to staff members the state disability law and their duty to accommodate. Instruct the staff that should there be any safety concerns regarding the service animal to notify their supervisor immediately so the employer may address them. Make sure all staff members understand the expectation to treat the new hire with courtesy and respect. In addition, suggest speaking with the employee who is concerned and see if facilitating some interactions with the dog may help ease their anxiety.  

Related mozzo™ resources to explore:

• Service Animals in the Workplace
  
• Equal Employment Opportunity Policy
  
  

Question: Our Customer Service Manager wants to bring her emotional support animal to work with her. Do we have to allow the animal in the office?

Answer: It depends on whether the animal truly qualifies as a "service animal" under state or federal law. Service animals fall into several categories, but are most commonly called "Service Animals", "Emotional Support Animals", or "Therapy Animals". Under the ADA (and applicable laws in WA, OR, and ID), service animals are working animals, not pets. 

To qualify as a service animal, the animal must be individually trained to engage in specific actions or tasks to assist a "human" with a disability. This training is more than the obedience training or positive reinforcement typically given to family pets. The US Department of Justice says, "the work or task an animal has been trained to provide must be directly related to the person's disability." To legally qualify for a service animal, individuals must have a disability that substantially limits their ability to perform at least one major life task without assistance. While service animals are usually dogs, horses, or monkeys, other animals have also been trained and qualified. 

This training requirement often eliminates "emotional support animals" and "therapy dogs" from the definition of service animal. The use of companion animals for well-being or comfort has grown in recent years, but those animals are not trained to perform a task related to a disability. Dogs, whose sole function is to provide comfort or emotional support, do not qualify as service animals under the ADA or local state laws. 

Before denying a request to bring an animal to work, first inquire about what the animal is trained to do. For further assistance with accommodating service animals, members can call the HR hotline or reach out to the Advisor Chat in mozzo™.

Related mozzo™ resources to explore:

•  Pets At Work Policy
•  Service Animals in the Workplace

Whether it's questions about four-legged friends, accommodations, policies, or another human resource or safety question our advisors are always ready to jump in and help you make heads (or tails!) of a sticky situation. 

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