quick question about maternity pay

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Hi, If anyone can help I would really appreciate the answer to this question.
I am planning to return to work when the 39 weeks of my statutory maternity pay ends. I know that whilst on mat. leave I am entitled to holiday pay, which my employers have to pay out of their own money.. So my question is am I legally enititled to return on week 40 and still receive lump sum for holiday pay up until that point? Or can they tell me to take the 3 weeks as holiday( thats what it would amount too)
Hope this makes sense..thanks for any advice given.

You are not entitled to be paid it, you need to take it as holiday. You could end your ML 3 weeks earlier and forego 3 weeks of SMP.

Thanks mr anchovy, could I also not just tag extra 3 wks on after ml? on another's thread that's what others are saying they are doing.

Yes of course you could, that is what normally happens - you end your ML and 'return to work' in week 40 but take annual leave until the end of week 43. Isn't that the same as 'can they tell me to take the 3 weeks as holiday'?

Oops, that would be 4 weeks of course - should be annual leave until the end of week 42.

thanks, I meant if they could pay me, could they decide if they paid cash or make take the time. then thought as you said could start hols 3 wks before end of ml that I couldn't tag on the end! however I understand now so will happily spend another 3 wks at home with my dd! thanks very much for your help.