Currently, state employees can trade one day of sick leave for a month's worth of state-paid medical insurance when they retire.

But HB213, which passed the Legislature earlier this year as a cost cutting measure, changed that into a dollar-for-dollar exchange for unused sick days, and also required employees to cash out one-quarter of their unused sick leave and put that into their 401(k) retirement savings plans.

Bill sponsor Rep. David Clark, R-Santa Clara, had argued that Utah could not afford to continue the existing program while health care costs skyrocketed and baby boomers and future workers reached retirement age.

But Hathaway and the UPEA have argued that the effects of the law were "an unconstitutional taking without just compensation" and that the law would reduce the value of 25 percent of accumulated sick leave.

Hathaway would not speculate as to how he thinks the high court will rule, but he said the emergency relief order was the "precise preliminary relief we were seeking."

"I see the Supreme Court recognizing these as serious issues and they merit full briefing, and review, and argument before making a decision. They (the justices) will not make a precipitous decision," he said. "It's a very important battle. Whether or not we win the war remains to be seen, but we're very happy."

Senate President John Valentine, R-Orem, said he was disappointed by the court's action. "I do understand the pressure the court was under to expedite the hearing. I felt it was unfair to enter the order prior to the time we were even able to file our brief."

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Contributing: Lisa Riley Roche

E-mail: lindat@desnews.com