from the Boone Superior Court Trial Court Cause No.
06D01-1711-PL-1416 The Honorable Matthew C. Kincaid, Judge
Attorney for Appellant Mark J. Crandley Barnes &
Thornburg, LLP Indianapolis, Indisana
Attorneys for Appellee Ryan P. Sink Indianapolis, Indiana
Amicus curiae Probation Officers Professional Association
Fred Anthony Paganelli Stephanie L. Grass Thomas D. Perkins
OF THE CASE
Appellants-Defendants, Hendricks County, Indiana (County) and
Hendricks County Courts,  appeal the trial court's decision
on Appellee-Plaintiff's, Gwyn L. Green (Green), motion
for judgment on the pleadings, concluding that Green was
entitled to a cash payout of her paid-time-off (PTO) as a
form or earned wages under Indiana's Wage Payment Statute
at the time of her resignation as a probation officer from
the Hendricks County Courts.
The County presents us with two issues on appeal, which we
(1) Whether the County may decline to pay cash for unused PTO
pursuant to Indiana's Wage Payment Statute and in
accordance with the County's employee manual; and
(2) Whether the Wage Payment Statute waives sovereign
immunity even though the Statute is silent as to whether it
applies to government entities.
AND PROCEDURAL HISTORY
Green worked as a probation officer for the Hendricks County
Courts from October 1993 until her voluntary resignation on
September 29, 2017. At the time of her resignation, Green had
accrued 331 hours of unused PTO. Instead of taking the time
off, she sought to recover the accumulated hours as a cash
payment pursuant to the provisions of the employee manual for
the Hendricks County Probation Department, which stated that
"[r]egardless of notice given, upon resignation, the
Department shall pay for personal time which has accrued not
exceeding 420 hours." (Appellant's App. Vol. II, p.
The County maintains that its own employee manual which sets
the policies applicable to all County employees is applicable
to probation officers. Pursuant to the County's manual,
employees are not granted a cash payout for PTO when they
resign. Instead, "[a]ccrued PTO will only be paid out
upon retirement or disability retirement to eligible
employees." (Appellant's App. Vol. II, p. 87). This
policy was sent to all County employees and it is undisputed
that Green received a copy.
On or about October 6, 2017, the Hendricks County Courts
sought an appropriation from the County to pay Green's
accrued and unused PTO. The County Council rejected the
request, voting 7-0 to deny because "if this payout was
awarded, contrary to [the County] Policy Manual, there would
be a good argument for ...