Game developer Rockstar Games is planning a staggered, late-night, global release on November 19, rather than a simultaneous launch. This means gamers across the Tasman will start playing GTA6 hours before most other places, including Miami in the United States, which inspired the game\u2019s “Vice City\u201d setting.<\/p>\n
GTA6 has already made an estimated US$600 million in pre-sales revenue, even a month before its release. The game is widely forecast to set a new record for multi-billion-dollar sales worldwide.<\/p>\n
In July, one US Army battalion offered a special four-day leave pass for soldiers to play the game as soon as it\u2019s released, in return for re-enlisting for at least another two years with the army. At least 20 soldiers are confirmed to have taken the deal.<\/p>\n
Meanwhile, social media has been awash with videos and posts about people planning not to turn up to work on November 20. Australia\u2019s Fair Work Ombudsman even put out a GTA6-themed post this month, in anticipation of extra unpaid leave requests.<\/p>\n
So what are the rules for taking leave in Australia or New Zealand?<\/p>\n
Leave rules in Australia<\/p>\n
If you are an employee covered by Australia\u2019s Fair Work Act, you accrue different types of leave, which you can access in different circumstances.<\/p>\n
Annual leave can be taken for any reason, provided that you have agreed with your employer about when you will take it and you have leave accrued.<\/p>\n
If too many employees want to take leave on the same day, an employer might need to say no. They need to make sure they have enough staff to keep their business operational. So if you want time off on November 20, the best course of action is to book annual leave well in advance to avoid potential disappointment.<\/p>\n
Paid personal leave, which includes sick leave and carer\u2019s leave, is only available where an employee is sick or injured and unfit for work, or is caring for a member of their family or household due to illness, injury or unexpected emergency. Playing a game would not qualify for these types of leave.<\/p>\n
Other types of potential paid leave \u2013 like compassionate leave or parental leave \u2013 also wouldn\u2019t apply for time out to play GTA6.<\/p>\n
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A still from the Grand Theft Auto 6 trailer. (Source: Supplied)<\/p>\n
An employee can also request unpaid leave. But unlike annual leave, you do not have a right to take unpaid leave except in limited circumstances. These circumstances include community service leave for jury duty, or a voluntary emergency management activity like firefighting.<\/p>\n
There is also a right to take unpaid parental or carer\u2019s leave. But, as the Fair Work Ombudsman has made clear, the global release of a video game is not an unexpected family or household emergency.<\/p>\n
It is important to be honest when taking leave. Claiming leave that you are not entitled to is misconduct, which might lead to disciplinary processes.<\/p>\n
It just isn\u2019t worth the risk. Apply early for annual leave and avoid uncomfortable questions at work.<\/p>\n
Leave rules in New Zealand<\/p>\n
The rules are similar if you\u2019re working in New Zealand. If you have accrued annual leave, you may use it for whatever you wish, including time off for the release of GTA6. Your employer cannot unreasonably refuse your request.<\/p>\n
But if you haven\u2019t got an annual leave entitlement \u2013 for example, if you haven\u2019t worked for the full 12 months in a new job yet \u2013 it is common for employers to allow their employees to take their annual leave \u201cin advance\u201d. This isn\u2019t a right, but you can ask and potentially agree to it with the employer.<\/p>\n
Sick leave is generally only available if you are unable to work due to health reasons or you are caring for someone else.<\/p>\n
\u201cPulling a sickie\u201d to play GTA6 could result in disciplinary action \u2014 or even dismissal if your employer finds out.<\/p>\n
Some employers allow \u201cwellbeing leave\u201d as a contractual right. Staying home to play GTA6 might fall within the scope of this type of leave, depending on the wording of the contract or policy. These often allow for \u201canything that improves mental wellbeing\u201d such as hiking, spa days or doing some kind of community service.<\/p>\n
You can also request unpaid leave. As in Australia, you don\u2019t have a general right to this, so you need to negotiate it with your employer.<\/p>\n
Whatever leave you want to take, it\u2019s important to remember the obligations of \u201cgood faith\u201d \u2014 including being honest and communicative \u2014 apply to both employers and employees when making arrangements for leave.<\/p>\n
If you are tempted to stay home to play the video game, and you\u2019re in Australia or New Zealand, now you know how to do that \u2013 without risking your job by breaking the law in real life.<\/p>\n
Shae McCrystal is a professor of labour law at the University of Sydney, and Dawn Duncan is a senior lecturer in the Faculty of Law at the University of Otago. <\/p>\n