My boss is the Director of HR where I work, we deal with this almost daily (it is a big workplace). I'm not sure if it's the SA Employment Standards, or the National Employment Standards (I think it's national) - Maternity leave should commence 6 weeks prior to the expected due date, but can be up to 2 weeks prior if a doctor or midwife signs a medical certificate saying that the mother is fit to continue working beyond 6 weeks before EDD.
This next part I'm not sure if it's an Employment Standard rule or a specific rule to our place of work, if the employee needs to take leave before 6 weeks prior to EDD then it should be taken as other leave (eg: sick, annual, long service, leave without pay, etc) and a medical certificate will need to be provided.
However, if a baby is born early, maternity leave will commence from the child's date of birth.
I left earlier than expected from work. I was due to leave 4 weeks before my EDD but I left a month earlier. It was due to stress and the OB wrote a medical certificate for me to cover between my mat leave commencing date and that day he wrote the certificate.
As part of my work's unpaid mat leave policy is that if you leave earlier than 6 weeks before the EDD it is classed as "special mat leave". This means you get paid as per sick leave but your mat leave starts from that date rather than when you had it organised originally. So I am due back a month earlier than planned next year.
I personally think it is a way of diddling me out of mat leave since I was on "sick leave" but oh well... I needed the time off as it has helped me.
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