María Elena has suffered from fibromyalgia and chronic fatigue for years, forcing her to travel in a wheelchair. In addition, he has a disability of 49% recognized by the Navarrese-Osasunbidea Health Service. However, after several years of leave, the company she works for, Zaintzen, forced her to return to her job as a cleaner at the Mendigoiti public school in Pamplona after the National Institute of Social Security (INSS) denied him permanent disability despite his diagnosis. . The pain and limited mobility prevented her from working and, due to a lack of other options, she was forced to take leave until January 7, when she will request leave again. Until then, you will not be paid.
“It’s shameful, I had to give up my salary because of my health,” protests María Elena. A day before returning to work and following union pressure, her company sent her a text message excusing her from going to work until she received a fitness for work report from the health monitoring service of the company. The joy lasted 24 hours. The next day, in another text message, Zaintzen informed him that they had received the report stating that he could work “with limitations” and that he should return to work. “They tell me to work two hours standing and rest for five minutes sitting. “How am I going to do this if I can’t get out of the wheelchair?” he denounced Thursday at the school gate.
An August 2022 Osasunbidea medical report states that most of his diagnoses are “chronic in nature” and that they represent “a very significant limitation for most daily activities”, as well as “living with constant pain and a fundamental impact also on an emotional level. »
Another medical report from November 7, 2022 indicates that “for approximately two months, the patient has required, due to her underlying symptoms, wheelchair assistance for movements of more than 10 to 15 minutes of walking” . In addition, this pain, added to the chronic fatigue from which she suffers, forces her to spend a large part of the day lying in bed.
Despite this, the INSS and the company’s health surveillance service consider her fit for work, which has brought María Elena to the extreme situation of having to give up her salary and request leave to prioritize her health. The LAB union brought María Elena’s case to the attention of Pamplona City Hall, which is responsible for the school where she works and which subcontracted cleaning services to the Zaintzen company.
