I have filed and have been approved for "State" disability benefits. I have no intention of returning to this job after the 90 days due to the fact that they are a large part of my medical issues (though not a workers comp claim). My question is, since I am being paid by the state and not in anyway by my employer (all vacation/sick time used up), do I have to wait until the 90 days to quit. The reason for background is, if I quit then I can access my 401K and use this money as an investment for the future once my 90 days are up.
You may or may not vest in your 401k if you take a leave of absence. Best to sit down with an employment attorney to go over your options.
There are many issues here. I will change the category.
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You can quit any time you wish to quit, even if you are out on disability leave. However, be sure you understand the ramifications of your decision to quit on your SDI benefits, your 401k and any other rights you may wish to invoke before you embark on that course of conduct.
Good luck to you.
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