Salt Lake Tribune
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Supreme Court denies state appeal on sick leave
This is an archived article that was published on sltrib.com in 2005, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

A new law that would change how state employees can use their sick leave at retirement remains on hold after the Utah Supreme Court on Thursday denied an appeal by state attorneys to lift a temporary injunction.

The law is scheduled to take effect Jan. 1. But the court issued an injunction Wednesday preventing it from taking effect until at least 30 days after the court has had a chance to rule on the Utah Public Employees Association's appeal.

The association is appealing a ruling by 3rd District Judge William Barrett, who said state employees don't have a right to post-retirement benefits until they're vested, and that the Legislature didn't violate the state constitution by changing its own laws.

The injunction's timing is important because state employees who wanted to cash in on their benefits before the new law took effect would have had to retire by today.

The court said it wanted to give state employees time to make an educated decision about whether to retire.

Many state employees have already decided to retire early because of the law, which changes the way sick leave credits can be used.

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