Photoshop :: CS6 Action Recording Path Glitches

I was recording some actions for photoshop elements using paths and noticed something strange in photoshop cs6 13.01 on windows 8.
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Recording an action of filling a path or making a selection from a path, didn't seem to record the settings.
 
Steps to reproduce:
 
1. Select the Rectangle Tool and set the option to paths in the tool options bar.
 
2. Draw out a rectangle.
 
3. Save the workpath in the paths panel by double clicking on the path thumbnail in the paths panel.
 
4. Make a new action and hit the record button.
 
5. Try using the Fill Path (from the flyout menu in the paths panel) with dialog and set to whatever option you want.
    (i used 50% Gray in my test)
 
6. Try using the Make Selection with dialog from the flyout menu in the paths panel.
 
 Neither action seems to record the parameters (settings). Playing back the action uses whatever the last settings were.
 
I expected the settings to be recored as photoshop 7 does (second action in the screenshot below) Photoshop cs6 13.01 is the first action shown.