ESPP holding period: is it "two years" or "more than two years"?

My company has categorized as a disqualifying disposition the
sale of some ESPP shares which I executed two years to the
day after the grant date.

I.e., the grant date was 12/1/2009, and I executed the sale on
12/1/2011. This was also a year and a half after the shares
were purchased for me by the ESPP, so I'm confident that I've
satisfied _that_ part of the qualifying disposition
requirement.

What I'm trying to figure out is if I erred by selling the
shares on 12/1 instead of 12/2. I.e., is the holding
requirement actually "more than two years," i.e., at least two
years and one day, such that if I'd sold the shares a day
later I'd be paying the long-term cap gains rate on (some of)
the proceeds instead of the short-term cap gains rate?

I asked the ESPP administrator at my company why this
particular sale was classified as a disqualifying disposition,
and she sent back a useless answer which made it clear that
she didn't at all understand my question. I thought it might
be useful to post here about the "two years" vs. "more than
two years" question before going another round trying to help
her get a clue.

Thanks,

  jik

--
<< ------------------------------------------------------- >>
<< nor can it used, for the purpose of avoiding penalties  >>
<<                                                         >>
<<  to this newsgroup as well as our anti-spamming policy  >>
<<         Copyright (2011) - All rights reserved.         >>