Legal Question in Medical Leave in Virginia

Re: fmla

Depends on how you interpret the Family & Medical Leave Act SECTION 102(a)(1)(C) In order to care for the spouse ...of the employee, if such spouse...has a serious health condition. I do not know whether there is currently any caselaw which would uphold this kind of short term procedure as qualifying as a "serious health condition" which would make your wife eligible for FMLA leave to provide for the care which you need in connection with this procedure.

A more viable approach may be for your wife to see whether she could take some other kind of leave, if all you need is for someone to drive you home, or, perhaps, someone else such as a friend could handle this task.