Riley, J.
STATEMENT OF THE CASE
Appellants-Defendants, Hendricks County, Indiana (County) and Hendricks County Courts,1 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. [Footnote omitted.
We affirm.
ISSUES
The County presents us with two issues on appeal, which we restate as:
(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.
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However, while the power of appointment and establishment of minimum salary levels fall squarely within the province of the judiciary, our Legislature has also determined that “the salary of a probation officer shall be paid out of the county, city, or town treasury by the county auditor or city controller.” I.C. § 11-13-1-1(c). “In consultation with (1) at least one (1) judge of a court or division of a court authorized to impose probation; and (2) at least one (1) probation officer; the county, city or town fiscal body shall adopt a salary schedule setting the compensation of a probation officer. The salary schedule must comply with the minimum compensation requirements for probation officers adopted by the judicial conference of Indiana under I.C. § 11-13-1-8.” I.C. § 36-2-16.5-3. As such, the county, city, or town fiscal body shall fix the salary of a probation officer based on the salary schedule adopted under this chapter. I.C. § 36-2-16.5-4. “Unless otherwise specified in the salary schedule, a probation officer is entitled to the same benefits, holidays, and hours as other county, city, or town employees.” I.C. § 36-2-16.5-5.
Focusing on I.C. § 36-2-16.5-5’s promulgation that “a probation officer is entitled to the same benefits” as other county employees, the County contends that the trial court’s Order to require the County to make a cash payment of Green’s PTO violates the County’s policy for its employees, as the County’s own employee manual unequivocally prohibits the use of County funds to pay unused PTO when—as in the case before us—an employee resigns. On the other hand, Green characterizes the PTO as a deferred compensation which, pursuant to I.C. § 36-2-16.5-5, is not regulated by the County’s employee manual.
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As established court employees, probation officers’ salaries are fixed by the courts through the Judicial Conference of Indiana and are paid out of the county or city treasury. Because judicial precedents categorize deferred compensation as wages or salary, the determination as to whether deferred compensation can be cashed out falls statutorily within the ambit of the judiciary, as I.C. § 36-2-16.5-5 expressly mandates only benefits to be within the province of the executive branch, i.e., the County. Therefore, we affirm the trial court’s Order. [Footnote omitted.]
III. Sovereign Immunity
Even though we find that Green has a viable claim and is entitled to a cash payment for PTO, the County now contends that its sovereign immunity under the Wage Payment Statute nevertheless bars Green’s claim.
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The Wage Payment Statute clearly envisages employees, public or private, as the persons included in the Statute and there is no reason to believe it was the intent of the Legislature to exclude the County from liability under the Statute. County employees rely on their wages to the same extent as employees in the private sector, and nothing in the Wage Payment Statute supports excluding them from its protection. Accordingly, as it is undeniable that the County is a body politic, it is subject to the Wage Payment Statute and cannot claim sovereign immunity.
CONCLUSION
Based on the foregoing, we hold that, as court employees, probation officers are entitled to a cash payout of unused PTO in accordance with the Court’s employee manual and the County is not entitled to sovereign immunity under the Wage Payment Statute.
Affirmed.
Kirsch, J. and Robb, J. concur