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

Not only should they pay you your salary for the day, they should pay you something extra so you can show yourself a good time during your vacation. Back in Germany at least, this would be the law. Our courts would vigorously enforce your right to paid time off, even void your contract as against public policy if your company tried to withhold the extra pay from you.

Those Americans! (Shakes head.)

buncha crazy socialists

unions lead to nothing but trouble

Maybe I should use the rest of my sabbatical to volunteer in a union drive. HR recruiters love it when they see evidence of social engagement in an applicant's resume.

***

On a more constructive note, I think Kicky should write an e-mail to HR, telling them what his contract says, telling them he expects the company to fulfill its contract, and cc-ing his boss. When it comes to a head-to-head, he might consider waiving his right ostentatiously, as a gesture of goodwill to his employer. I agree with Eva that this is probably not worth fighting for to the bitter end. (Lawsuits have a way of getting people off on the wrong foot with one another.) But at least he should document, in writing, that he knows what his contractual rights are, and that he is not a doormat.

Denial, denial! I usually look at what I've typed, but I was going back and forth from the computer to the kitchen. (Must have been the neighbor's cat.)

On re-reading, that sounds more confrontational than what I have in mind. After all, Kicky is not some socialist troublemaker. Just a professional, pursuing a mutual interest in getting things right. And in the spirit of getting things right together, he can politely point out that HR erred about what his offer letter said (scan of the latter attached), optimistically express how pleased he is that this matter is now cleared up, and that he's looking forward to his pay for that day.

Hear, hear, Thomas!

I can't see that it's remotely subversive to expect employers to honour their side of legal contracts with employees. It amazes me that some here seem to believe that employees should quietly accept less than their rightful entitlements, out of gratitude (I assume) for the privilege of employment. A contract is a contract, it's that simple. Or it should be.

In Kicky's situation I certainly wouldn't be taking my second day at a new job off as a holiday. That's not what he has in mind, anyway. But I certainly would expect automatic payment in lieu of the holiday. And I'd expect that it be paid without having to remind my employer about it.

So, the question is whether he wants his contract voided. Unemployment compensation is slim pickins for the self employed, which I believe to be the case for a freelancer.

He won't get his contract voided for pointing out a factual error to the department responsible for paying him. Or in other words, what MsOlga said.

Anyway, in case you didn't notice: my point about what Germany's courts would enforce was intended to be a joke. Although the facts I offered are correct, I am well aware that Kicky isn't in Germany. (I'm sure it's hard to tell New York from Germany when you're in New Mexico, though. )

I have been shown the light. By a coworker. She pointed out that even though the offer letter says I have PTO days to take starting on December 1st, the employee manual, which I guess supercedes the offer letter, states clearly that people hired at this point in a calendar year, while they (I) get PTO days starting on day 1, can't use them until the following calendar year.

I wasn't going to make a fuss about it anyway. Actually, after talking to HR over the course of the past few days, I'm getting the feeling that these guys have a severe case of left-hand-not-knowing-what-the-right-hand-is-doing-itus (wow, that was a lot of words with hyphens in a row, wasn't it?). There is a fair chance that if I don't say anything, these numbnuts will not realize I'm even taking that day off and pay me for it anyways. I will not fight to get paid for that day, but if they are dumbasses and pay me for it mistakenly, who am I to argue?

Thank you Thomas for once again showing me that Germany is way cooler than the USA and we should all strive to be more like them.

Gala, I'm not just picking and choosing posts that I disagree with, I just don't have much time these days, so I end up responding a lot less than I used to. Sad. Oh, and there's really nothing more to tell about the shower curtain thing. The fight blew over, and now we're good. And I don't really mind the new plastic shitty shower curtains too much. It's all good, as long as I'm still gettin' some.

Now you tell us!

I just thought you were making fun of FM's special typing abilities.

Nope. Most German's I've met speak understandable English.

Ha!

it could happen here, if he was in a probationary period. there doesn't have to be a reason for firing someone during their probationary period, let alone a good reason.