Q May cities and counties adopt a leave policy which gives hourly employees who work a non-standard work schedule (i.e. 10 hour days, 4 days a week) a higher rate of compensation while on personal leave than hourly employees who work a standard work schedule (8 hour days, 5 days a week)?

A Section 25-11-103(i) states “…Except to limit creditable service reported to the system for the purpose of computing an employee’s retirement allowance … nothing in this paragraph shall limit or otherwise restrict the power of the governing authority … to adopt such vacation and sick leave policies as it deems necessary.” As long as the policy is not unlawfully discriminatory, and complies with applicable federal laws, the statute does not require that all employees be treated equally. (Attorney General’s Opinion to White dated December 11, 2009)