Shouldn't I get paid for this day I'm taking off in December?

Forums: Legal, Life At Work, Pto
Email this Topic • Print this Page

I just got hired recently. December 1st was my start date. My company told me verbally that I don't have any PTO (Paid Time Off) days until January. I already had a day in December scheduled from when I was working in a freelance capacity. I asked human resources if I'd get paid for that day and they said that I don't have any PTO days until January 1st, and that it says that in my offer letter.

I checked the offer letter that I've signed and has already been accepted by them, and it states clearly that I have 18 PTO days as of my start date. Earlier in the letter it says my start date is December 1st. That means that I should be paid for this day that I'm taking off, doesn't it?

How binding is the information in the offer letter? Do you think I could (and/or should) fight to have them pay for my day off? Legally I can do that, can't I? Not sure if I should start **** on my second official day, but I was wondering if anyone knew about such things and had any opinions on how I should approach it.

Topic Stats
Top Replies
Link to this Topic

Type: Question • Score: 15 • Views: 2,325 • Replies: 33

[+5] - farmerman - 12/02/2009Kicky always wantsa push the envelope. I think that hes been fired more times than a human cannonball, and its mostly from lame **** like this. JEEZUS,Why didnt you just tell them you planned...

Nicely ask them to show you where the offer letter states that you don't have PTO until Jan 1st.

Perhaps the employee handbook states that PTO is accrued monthly at the rate of 1.5 days/month worked but if your offer letter says you have 18 days PTO as of the hire date and the hire date is Dec 1 then you should get paid for the day.

Depending on the size of the company you may decide that it isn't worth the battle. I wouldn't worry so much about making an issue of it with HR of a large company. OTOH, you'll get an extra day off with pay next year if you take it without pay this year.

0 Replies

@kickycan,

I hope you're not on some kind of mandatory probation since you're a new employee to the company because as soon as you make a fuss about this issue and since you haven't even been there a week?!

I can't believe you even asking for a paid day off at this stage of your job?

Consider yourself lucky to have a job in the first place.

Quote:

Q: Must an employer pay employees for holidays, sick time and/or vacations?

A: Under the New York State Labor Law, payment for holidays, sick time or vacation -- i.e. payment for time not actually worked - is not required unless the employer has established a policy to grant such pay. When an employer does decide to create a benefit policy, that employer is free to impose any conditions they choose.
Fringe benefits may include reimbursement of expenses or tuition, health coverage, and payment for sick time, vacation, personal leave, and holidays.

http://www.labor.state.ny.us/workerprotection/laborstandards/faq.shtm#8

Quote:

The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations, sick leave or federal or other holidays. These benefits are matters of agreement between an employer and an employee (or the employee's representative).

http://www.dol.gov/dol/topic/benefits-leave/vacation_leave.htm

0 Replies

However:
His offer letter, signed by both parties, gives him 18 PTO days as of his start date.
His offer letter lists December 1 as his start day.
He has already been working there free-lance and had already negotiated that day.

I don't see how they can refuse to pay him for it.

0 Replies

@kickycan,

go to HR and say what you've said here.

HR is bound by law to not discuss what you bring to them, whether they discuss it or not is another question. it's up to you.

did you resolve the shower curtain drama? if not, then why have two dramas going at the same time?

1 Reply

@Gala,

Kicky always wantsa push the envelope.

I think that hes been fired more times than a human cannonball, and its mostly from lame **** like this. JEEZUS,Why didnt you just tell them you planned a trip to Vegas on your fist week and you expect Vaca time. Cmon Pasquale, try to not burn another bridge.

Then , on top, you ask a bunch of us schmucks whether we feel that youre right. I vote that you should start your job, try not to set foire to any more relations with company policy, and try to give the man his due.

2 Replies

@farmerman,

Ugga.

I don't know you - Sampl, but, aven whas - well, I mnyy do domromr ehom unftdyoof
dobrtdr yo yimkif str nonr rrtyton dilrbrt

3 Replies

@ossobuco,

Good grief, I didn't post that.

2 Replies

@ossobuco,

I know. Fluffy the cat took a stroll across the keyboard. All Nermal ever types is +++++++++++++++++++++++++++++++++++. He wonders how I know he's been on the keyboard.

0 Replies

@ossobuco,

Gremlin happeng.

0 Replies

@kickycan,

kickycan wrote:

Not sure if I should start **** on my second official day

not sure? arrrrrrrrrrrrrrrrrrggggggggghhhhhhhhhhhhhhh

0 Replies

@farmerman,

Quote:

Kicky always wantsa push the envelope.

He seems more like a malcontent, for example, I don't consider a fight over a shower curtain in the middle of Manhattan to be pushing the envelope. I did not know he gets fired often so much as he freelanced a lot and hated every job he did.

1 Reply

@Gala,

To clear the record, I have never been fired in my life. Well, once when I was freelancing at a place it got real slow and they let me go, but that was it.

So there, Farmerdude!

2 Replies

I vote that you get liquored up, call on the ghosts of violent Italians past and go in there and kick the living **** out of someone then threaten to murder their families, demand a whole week of salary and make them pay for your airfare to Vegas.

If they don't comply give 'em the Louisville Slugger to the knees trick.

Good luck, I'm behind you.

0 Replies

@kickycan,

What arte you doing, kicky? Trolling your post till you see something you don't like?

Whatever happend to the shower curtain drama? My life has been on hold waiting for this important answer.

0 Replies

@kickycan,

KC,
You've been freelancing there for a while now, haven't you?
And they're happy enough with your work to take you on full time.
It's not like you're just starting out.

0 Replies

It can't be smart to start an argument with your employer on your second day there.

0 Replies

First shower curtains, now this. Pick your battles carefully, man.

0 Replies

Exactly.

Should you get paid for the day off? Yeah, probably.
Is it worth fighting for? No.

0 Replies

@ossobuco,

Well, that's easy for you to say.

1 Reply

Shouldn't I get paid for this day I'm taking off in December?

Related Topics

Quick Links

My Account

able2know