37In that regard, Article 52(d) of the Workers’ Statute applies in the same way to persons with disabilities as to persons without disabilities who have been absent from work. In those circumstances, it cannot be held that that provision establishes a difference of treatment directly based on disability, within the meaning of the combined provisions of Article 1 and Article 2(2)(a) of Directive 2000/78, since it uses a criterion that is not inseparably linked to disability (see, to that effect, judgments of 11 April 2013, HK Danmark, C‑335/11 and C‑337/11, EU:C:2013:222, paragraphs 72 and 74, and of 9 March 2017, Milkova, C‑406/15, EU:C:2017:198, paragraph 42).
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