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(3) If the leave is birth-related leave for a female employee who is pregnant with, or gives birth to, the child, the period of leave may 88 Fair Work Act 2009 No. 28, 2009 start up to 6 weeks before the expected date of birth of the child, but must not start later than the date of birth of the child. (4) If the leave is birth-related leave but subsection (3) does not apply, the period of leave must start on the date of birth of the child. When adoption-related leave must start (5) If the leave is adoption-related leave, the period of leave must start on the day of placement of the child. Leave may start later for employees whose spouse or de facto partner is not an employee (6) Despite subsections (3) to (5), the period of leave may start at any time within 12 months after the date of birth or day of placement of the child if: (a) the employee has a spouse or de facto partner who is not an employee; and (b)