SPRINGFIELD - Two major state-employee unions have joined the outcry over whether nearly 5,000 state workers should be paid despite the state's ongoing budget impasse.

The American Federation of State, County and Municipal Employees union is threatening legal action if Comptroller Dan Hynes doesn't begin delivering paychecks to workers, who are due to be paid Aug. 15.

And, the Service Employees International Union urged Hynes to issue paychecks using an estimated $2.8 billion that is expected to flow into state coffers this month.

The push by the unions came Tuesday, a day before Hynes said the state would be unable to issue the first round of midmonth, biweekly paychecks to 4,900 state workers on time because of the inability of the General Assembly and the governor to put a budget in place.

The state has been operating without a budget since a temporary spending plan expired July 31. Legislative leaders exited a closed-door meeting Tuesday afternoon and said there was still no agreement.

One major sticking point is finding money to fund a statewide construction program. Under one plan that was gaining momentum earlier this week, lawmakers appeared supportive of approving a new casino for the city of Chicago.

On Tuesday, however, House Republican Leader Tom Cross, R-Oswego, said that plan may not be moving forward.

"I don't know that we have an agreement at all," Cross said.

Henry Bayer, AFSCME executive director, said it would be unethical for the state not to pay its workers on time.

"It is our position that the state is obligated to pay employees for work performed," Bayer said. "It would be a violation of both state and federal wage-and-hour laws to fail to issue paychecks in a timely manner for work performed."

Gov. Rod Blagojevich joined with AFSCME Tuesday in urging Hynes to issue the paychecks. He has called on state workers to continue reporting to work during the budget stalemate, saying employees will eventually be paid for their time on the job.

Hynes' office says it will ask the attorney general for a legal opinion on the union's request.

Kurt Erickson can be reached at kurt.erickson@lee.net or 789-0865.