Rockstar Games is releasing Grand Theft Auto VI on the night of 19 November, with the timezone advantage meaning players across the Tasman can start playing hours before most other regions, including Miami in the United States, which inspired the game's Vice City setting.
The game has already generated an estimated US$600 million in pre-sales revenue a month before release and is widely forecast to set record multi-billion-dollar sales worldwide.
Social media has been flooded with posts about people planning not to turn up to work on Friday 20 November. In anticipation, Australia's Fair Work Ombudsman issued a themed post this month flagging extra unpaid leave requests. In July, one US Army battalion offered a special four-day leave pass for soldiers to play the game on release in return for re-enlisting for at least two more years; at least 20 soldiers confirmed they took the deal.
For Australian and New Zealand workers, the safest option is to book annual leave in advance, according to Shae McCrystal, Professor of Labour Law at the University of Sydney, and Dawn Duncan, Senior Lecturer at the University of Otago Faculty of Law.
Under Australia's Fair Work Act, annual leave can be taken for any reason as long as the employer agrees and the employee has accrued leave. However, if too many staff request the same day off, the employer may need to refuse to keep the business operational.
Paid personal leave, including sick leave, is only available for employees who are unfit for work due to illness or injury, or who are caring for a family member. Playing a game does not qualify. Claiming leave that is not entitled is misconduct and could lead to disciplinary processes.
In New Zealand, the rules are similar. Annual leave can be used for any purpose and an employer cannot unreasonably refuse a request. Employees without a full 12 months of service can ask for annual leave in advance, but there is no right to it. Sick leave is only for health reasons or caring for someone else. Some employers offer contractual wellbeing leave, which could cover playing the game if the policy allows for activities that improve mental wellbeing.
Unpaid leave is available in limited circumstances, but a video game release is not considered an unexpected family emergency, the Fair Work Ombudsman has made clear. Both countries' laws require honesty and good faith in leave arrangements.
The experts advise booking annual leave early and being transparent with employers to avoid risking legal trouble in real life.