Court tosses state furlough lawsuit

Ruling overrides Dane County judge’s ruling

Published On: Feb 28 2013 09:49:14 AM CST   Updated On: Feb 28 2013 10:29:18 AM CST

A state appeals court has dismissed a lawsuit demanding state workers get six paid sabbatical days to make up for mandatory furlough days.

Then-Gov. Jim Doyle ordered all state employees to take 16 furlough days during the 2009-2011 biennium to help balance the state budget.

However, the assistant prosecutors union managed to whittle down their workers' days to just 10. The Wisconsin State Employees Union filed a lawsuit in August 2011 demanding their members get six paid sabbatical days out of fairness. The state moved to dismiss the lawsuit but a Dane County judge ruled last year it could proceed.

But the 4th District Court of Appeals dismissed the lawsuit Thursday, saying the state's sovereign immunity prohibits the action.

The unions' attorney didn't immediately return a message.