Hi all

I have a long term absentee who is contracted to work 44 weeks of the year, TTO, on night work at our SEN school, and is entitled to 4 weeks paid annual leave which must be taken during school holidays.   Her salary includes this paid annual leave and she is paid pro rata, with her salary being split into 12 equal portions and paid monthly (so her annual leave pay is included monthly). 

She has been absent since March 2019 and does not look likely to return.  For whatever reason, the boat was missed to dismiss earlier this year.  I have been in post since May this year. Her SSP finished nearly a year ago. 

I am trying to arrange for OH and GP reports with a view to deciding the likelihood of her return but am still awaiting for her to send back Consent forms which were posted in July. I have reminded her twice. 

She asked me on the phone what were the possible outcomes once the medical Reports had been received. She said there was "a slim to nothing chance" of her returning. . Along with a phased return when well enough, I advised one possible outcome would be terminating her contract. She then insisted that she would be owed accrued annual leave but I was not so sure.

She stopped being paid SSP nearly a year ago. 

Am I correct in thinking that she has accrued annual leave because she has not been paid? 

Thanks for reading.