Can I resign while on short term disability?

I want to reduce the burden of my employer. It looks like I will be out for a long time and have to have surgery. I just can’t afford not to receive my SDI. I am skilled and will be able to get work when my treatment is complete.

Asked on September 7, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You will give up the short-term disability if you resign while receiving it. Unlike Worker's Compensation, disability is not compensation for being injured; it is income replacement for when you cannot do a job which you otherwise would have due to an injury/disability. If you resign, you do not have the job; ergo, you do not need and are not entitled to income replacement for not being able to work.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.