Grand Theft Auto VI and Suspected Sick Leave Abuse: What New York Employers Should Know

There are certain days of the year that employers approach with a degree of trepidation. The Monday after the Super Bowl, St. Patrick’s Day, and other major sporting or cultural events can bring an uptick in last-minute call-offs and the familiar handwringing into whether every employee who called in sick is actually sick.

This year, employers have a new date to be wary of. On Thursday, November 19, 2026, Rockstar Games is scheduled to release Grand Theft Auto VI (“GTA VI”). While a video game release may seem like an odd event for employers to have on their radar, GTA VI is anything but an ordinary release. Since its 2013 debut, GTA V has amassed worldwide sales of approximately 230 million copies[1], with revenues that place it among the most commercially successful entertainment products ever released.[2] One HR software provider is already tracking PTO requests running 9% to 17% higher than average for that date.[3] Other projections have been more dramatic, including reports that put launch-day absences as high as 1.5 million workers and the broader economic impact to cost $1 billion in lost productivity. [4]

While this may all prove to be online hype, prudent employers should revisit their sick leave, attendance, and call-in policies ahead of the possible uptick in unscheduled absences on November 19th and 20th. For New York employers, that preparation should also include understanding the limits on investigating suspected sick leave abuse.

When a Vacation Request Becomes a Sick Day

In New York, employers generally have no obligation to provide vacation leave, but sick leave is another matter. Covered employees have a statutory right to sick leave for qualifying health, family-care, and safety-related reasons under New York Labor Law § 196-b.

Consider the employee who requests November 19 off, has the request denied because of staffing needs, and then calls in sick that morning. The sequence understandably may raise questions, particularly if the employee previously discussed plans to spend launch day playing GTA VI. The employer can look into the circumstances, but discipline should be based on evidence of sick leave misuse or another policy violation.

New York law also limits one of the most obvious investigative tools. Employers generally may not require medical verification for sick leave lasting fewer than three consecutive, previously scheduled workdays or shifts. A suspicious one-day call-off therefore will not ordinarily allow an employer to demand a doctor’s note.

Employers may still enforce lawful call-in and attendance procedures and investigate credible evidence of misconduct. The difficulty is often determining what evidence is available and what the employer may lawfully do with it.

Clear Policies and Objective Evidence Are Critical

When a questionable absence does arise, employers should start with their own policies. Attendance and leave policies should spell out how employees must call in, when PTO and sick leave may be used, what documentation may be required, and the consequences of dishonesty about an absence. Clear rules give both employees and managers something concrete to work from when questions arise.

Evidence may also come from the employee’s own public statements. A social media post expressly admitting that an employee fabricated an illness would plainly warrant a closer look. A photograph or livestream showing the employee playing GTA VI is far less convincing however. An employee who is legitimately using sick leave may still be perfectly capable of playing a video game without being physically able to perform work.

New York employers also need to be careful about how they obtain that evidence. State law restricts employers from demanding access to employees’ private social media accounts and provides protections for certain lawful off-duty recreational activities. Employers should generally work with information they lawfully obtain and work with their counsel to determine whether it actually supports a finding of dishonesty or another policy violation.

Clear policies and good evidence give employers a much firmer basis for addressing suspected abuse, especially when New York law limits the tools available to verify a short-term sick leave absence.

Practical Takeaway

Employers do not need to wait until November 19 to find out who plans to be absent. As the date approaches, an open conversation about anticipated time-off requests can help employers plan staffing and give employees an opportunity to request vacation or arrange voluntary shift swaps in advance. Where operations permit, a little flexibility can also be an easy and inexpensive way to reward employees around an event that matters to them. At the same time, employers should account for minimum staffing needs, remind employees of existing call-in procedures, and make sure managers know how to respond when an employee’s scheduled work day suddenly becomes a sick day.

If questions arise, clear policies, reliable evidence, and an understanding of New York’s sick leave requirements will put employers in the best position to respond appropriately. Employers with questions about their sick leave, attendance, or call-in policies, or about how to address suspected leave abuse, should contact a member of Bousquet Holstein PLLC’s Labor and Employment Practice Group.

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[1] GTA 5 Sales Reach Nearly 230 Million Copies Worldwide – Insider Gaming

[2] GTA V is now the most profitable entertainment product of all time | TechSpot

[3] GTA 6’s Release Has Resulted in a 17% Increase in Time Off Requests at Work

[4] GTA 6 Launch Could Cost US Economy $1 Billion in Lost Productivity, Estimate Suggests | IBTimes UK