Yes. While teacher probation can be extended voluntarily by the signing of a waiver the statute permits school districts to extend probation for periods of time that the probationer was not in attendance. Maura Ann Brown was nearing the end of her probationary term when she went on maternity leave. The school district recalculated her probationary term to take into account her absence however, they calculated the number of days her probation was extended by the weeks she was on maternity leave as opposed to the school days she missed. The Court found that any adjustment must be made on the basis of actual days missed.
In the Matter of the Application of Maura Ann Brown, Petitioner, against Board of Education of the Mahopac Central School District and THOMAS MANKO, SUPERINTENDENT, Respondents, 523-2011, SUPREME COURT OF NEW YORK, PUTNAM COUNTY, 2011 NY Slip Op 21182; 2011 N.Y. Misc. LEXIS 2406, May 24, 2011, Decided