Tucson’s police union is asking a judge to order the city to continue counting unused sick days towards their pensions.

Each year, veteran police and fire employees can sell back up to 208 hours of unused sick time. The practice costs the city about $2.6 million in direct payments and about $1.3 million in additional pension expenses.

The city recently stopped counting sick leave toward the public safety pensions after City Attorney Mike Rankin decided it violated state law.

But the Tucson Police Officers Association disagreed with Rankin’s opinion and filed paperwork seeking an injunction until a lawsuit over Phoenix police pension spiking is resolved.

“We feel like the city has jumped the gun and we asked them to hang on and wait for a ruling on sick-leave sell-back in Phoenix,” said Jason Winsky, government affairs director for the Tucson Police Officers Association.

A hearing is scheduled for this afternoon.