The Utah Public Employees Association filed a petition for emergency relief with the Utah Supreme Court on Tuesday, hoping to stop a new law changing the way unused sick leave is handled when an employee retires.

The law, HB213, is to take effect Jan. 1.

If workers want to retire and receive benefits under the existing program, they must notify the state by Thursday.

The UPEA and five unnamed state workers previously tried to get the law stopped in state district court, but 3rd District Judge William Barrett ruled against them Dec. 8.

UPEA is seeking a hearing for oral arguments before the Supreme Court. The association also wants a permanent injunction stopping the law from taking effect or, at least, a preliminary injunction pending further legal action.

Currently, employees who retire can exchange one day of sick leave for a month's worth of medical insurance after retirement. But HB213 provides for a dollar-for-dollar exchange for unused sick days, and also requires workers to cash out one-quarter of their unused sick leave and put it into their 401(K) retirement accounts.

In this latest legal move, the association is challenging the constitutionality of HB213, asserting that the law's effects are "an unconstitutional taking without just compensation."

The association claims HB213 changes the traditional program in such a fashion that it will reduce the value of 25 percent of accumulated sick leave.

"Employees who are eligible to retire but do not wish to do so, including two of the Roe plaintiffs, face an immediate and irrevocable choice: Retire early or forfeit the full benefit of their unused sick leave," the petition said.

In asserting the "taking" argument, the petition revives an argument denied by Judge Barrett — the state has had a long-standing implied contract with its workers that cannot be unilaterally rescinded or changed.

Barrett ruled the employees' right to use their sick leave was vested upon retirement. UPEA argues that workers' right to their sick leave rises to a protectable property interest while they are earning it by working for the state.

The employees, according to the petition, have operated under this unwritten contract that promised them that banking sick leave would produce a certain amount of state-paid health insurance upon retirement.

"Employees have sacrificed their personal leave time for illnesses or medical needs. In other words, they have spent their 'vacations' being sick so they could spend their healthy days on the job serving the people of Utah," the petition reads. "HB213 takes back the benefit the state promised for such sacrifices."

At the same time it removes something of value to employees, HB213 does not substitute another benefit of equal value, the petition says.